The U.S. Supreme Court ruled Tuesday that states may restrict participation on girls’ and women’s school sports teams based on biological sex, reversing lower court decisions in challenges from West Virginia and Idaho.
TRENTON, NJ – The U.S. Supreme Court ruled Tuesday that states may maintain girls’ and women’s school sports teams exclusively for biological females, holding that such laws do not violate Title IX or the Equal Protection Clause of the Fourteenth Amendment.
The Supreme Court’s ruling that states may constitutionally ban transgender girls and women from female sports teams does not automatically overturn New Jersey’s existing sports regulations, but it removes federal legal roadblocks for states wishing to implement strict biological-sex restrictions.
The decision resolves challenges to laws enacted in West Virginia and Idaho and is expected to affect similar statutes adopted in more than two dozen states across the country.
The New Jersey State Interscholastic Athletic Association (NJSIAA) has historically maintained an inclusive policy. Under current guidelines, transgender students are permitted to participate on sports teams that align with their gender identity without undergoing any medical testing or providing formal proof
The NJSIAA’s inclusive stance was specifically designed to comply with the New Jersey Law Against Discrimination, which protects individuals from discrimination based on gender identity or expression
While the NJSIAA has historically resisted calls to change its inclusive rules, the Supreme Court decision emboldens advocates and state legislators who are pushing for bans. New Jersey lawmakers have previously proposed legislation—such as bills attempting to enact a “Women’s Sports Act”—that would mandate athletic designations exclusively by biological sex.
Because the NJSIAA policy is rooted in state civil rights codes, athletic participation in New Jersey could become a major point of friction between state non-discrimination mandates and the newly affirmed federal parameters established by the Supreme Court.
Cases challenged state sports laws
The lead case, West Virginia v. B.P.J., involved West Virginia’s 2021 Save Women’s Sports Act, which bars biological males from competing on female school athletic teams. The state argued the law protects equal athletic opportunities for girls and women.
According to the Supreme Court’s syllabus, the law defines sex based on biology and was enacted after the Legislature found that limiting female sports to biological females was necessary to preserve competitive fairness and athletic opportunities.
The case was consolidated with Little v. Hecox, an Idaho challenge involving a similar law.
Court reverses lower rulings
The litigation began after B.P.J., a transgender student who identifies as female, sought to compete on girls’ cross-country and track-and-field teams. Lower federal courts had reached differing conclusions, with the U.S. Court of Appeals for the Fourth Circuit allowing portions of the challenge to proceed.
In its ruling, the Supreme Court concluded that states may maintain separate female athletic teams based on biological sex under Title IX and the Equal Protection Clause, reversing the lower court decisions in the consolidated cases.
The decision is expected to provide legal guidance for the 27 states that have enacted laws restricting participation in girls’ and women’s scholastic sports based on biological sex.
Key Points
- The U.S. Supreme Court ruled states may limit girls’ and women’s school sports teams to biological females.
- The decision resolves legal challenges involving laws in West Virginia and Idaho.
- The ruling is expected to influence enforcement of similar laws in more than two dozen states.
Related: U.S. Supreme Court, Title IX, West Virginia, Idaho, Equal Protection Clause, girls’ sports
