Justice Sotomayor Warns Trans Athlete Bans Aren’t Based on Any Facts
The three liberal justice on the Supreme Court dissented as the judiciary upheld state bans on transgender athletes.

The Supreme Court on Tuesday upheld West Virginia and Idaho state laws banning transgender athletes from competing on teams that align with their gender, further restricting trans rights in the U.S.
This is the court’s first ruling on laws regarding trans athletes, and follows last year’s decision in U.S. v. Skrmetti allowing states to ban gender-affirming care for transgender minors.
The ruling contributes to an increasingly bleak legal landscape for trans people in the U.S. Both petitioners argued that the state bans are discriminatory, and violate the Fourteenth Amendment’s equal protection clause. One argued that the restrictions are also a violation of Title IX, which prohibits discrimination in schools on the basis of sex.
All three liberal justices dissented in the decision, noting that they would have sent the case back for further factual findings on the equal protection claim.
Justice Sonia Sotomayor wrote a partial dissent, joined by Justices Ketanji Brown Jackson and Elena Kagan.
“States do have some room to legislate around issues when there exists significant, and genuine, scientific debate,” Sotomayor wrote. “At this point, however, neither the District Court nor the Fourth Circuit has passed upon any of the available evidence or made the necessary factual findings about the state of the scientific debate.
“The majority’s opinion ends by reciting the many wonderful ways in which playing sports can be valuable to young people. It can help build resilience, tenacity, leadership, and discipline. It can lead to life-long friendships, community, and a sense of belonging. It can bring joy and the thrill of victory, along with all the lessons one learns from experiencing defeat. The benefits are immense,” Sotomayor continued. “Because of the Court’s decision today, West Virginia, and any other state actor, can deny B. P. J. and others like her these experiences simply because it thinks they have an inherent athletic advantage, even if the facts show that they do not.”
“A transgender woman penalized for being perceived as aggressive has experienced discrimination ‘on the basis of sex’ just as much as a cisgender woman has, no matter that the transgender woman’s behavior matches expectations of her sex assigned at birth,” Justice Jackson wrote in an additional dissent. “Either way, the institution has imposed its gender-based expectations upon her. And either way, the institution may have violated Title IX.”
The majority decision will have national repercussions on transgender athletes competing in youth and college sports. The number of trans athletes participating in these activities is already very slim.
Rachel Kahn contributed reporting to this story.



