June 30 (Gephardt Daily/UPI) — The U.S. Supreme Court ruled Tuesday that states can ban transgender girls from participating in girls’ sports at publicly funded schools.
Justice Brett Kavanaugh wrote the majority opinion that upheld laws in Idaho and West Virginia. He rejected arguments that transgender athlete restrictions discriminate on sex or gender identity.
“In other words, may schools determine eligibility for women’s and girls’ sports based on biological sex? The answer is yes,” Kavanaugh wrote.
“Consistent with Title IX and the Equal Protection Clause, we hold that the States may maintain women’s and girls’ sports for biological females. They may determine eligibility for women’s and girls’ sports based on biological sex. The Constitution and Title IX do not require an overhaul of women’s and girls’ sports throughout America,” he said.
The three liberal judges dissented.
“Its holding may be straightforward, but that is not the point,” Justice Sonia Sotomayor wrote in dissent. She was joined by Justices Elena Kagan and Ketanji Brown Jackson. “The problem is how the majority gets there: by moving the goalposts set by precedent and by resolving this important, divisive issue without knowing all the facts even though the validity of the means-ends fit depends on them.”
Utah House Democrats
In Utah, laws passed in 2022 prohibit transgender girls and women from playing on public and private K-12 and collegiate sports teams.
With the U.S. Supreme Court decision issued on Tuesday, the Utah House Democrats shared a statement on their ongoing opposition to banning transgender athletes from sports teams that don’t align with their sex assigned at birth.
“The U.S. Supreme Court got it wrong today,” the released statement says.
“The ruling, and all laws banning transgender girls from playing in school sports, are not about protecting girls’ athletics. They are rooted in fear and discrimination against transgender people. Strengthening women’s sports starts with expanding access and opportunity, not using athletics as a tool to divide or exclude vulnerable young people.
“While this decision closes one path for protections under the U.S. Constitution, there are still other opportunities to challenge these bans under the Utah Constitution. Until then, our caucus stands with and embraces transgender Utahns.”
