The conservative-leaning U.S. Supreme Court appeared likely Tuesday to uphold state laws barring transgender girls and women from participating on female school athletic teams.
During oral arguments, most of the six conservative justices on the nine-member court indicated they won't rule against Idaho and West Virginia, whose laws are being challenged by transgender athletes.
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Lower courts had previously ruled in favor of the athletes, saying the measures violate constitutional protections and Title IX — the federal law prohibiting discrimination in education.
At issue is whether the bans are discriminatory — particularly when applied to people who were born male and then transitioned.
Attorneys representing Idaho and West Virginia argue transgender girls and women may have an unfair advantage, pointing to factors such as height and strength.
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Lawyers for the plaintiffs contend that many transgender athletes undergo hormone therapy before puberty, eliminating any physical advantage.
The court’s decision, expected by early summer, could have sweeping implications for an estimated 122,000 transgender teenagers competing in high school sports nationwide. So far, more than two dozen Republican-led states have passed laws banning transgender athletes from participating in girls and women's sports.
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