Justices let states bar trans athletes from girls’ sports

The Supreme Court on Tuesday upheld laws in West Virginia and Idaho that forbid transgender athletes from competing on girls’ sports teams.

- DAVID G. SAVAGE

JOSE LUIS MAGANA Associated Press ACTIVIST Macy Charles, center right, hugs Penny Nance as they celebrate the high court's ruling Tuesday.

In a 6-3 decision, the court said the federal Title IX law envisioned separate teams for girls and boys based on their biological sex at birth.

"Separate sports teams for biological males and biological females are reasonable," wrote Justice Brett M. Kavanaugh. "Given the inherent physical differences between the sexes, allowing only biological females to play on women’ and girls’ teams can reduce the risk of physical injury and ensure fair competition."

Kavanaugh, who has coached girls’ teams for many years, said 27 states have adopted laws prohibiting transgender athletes on girls’ teams.

But his opinion does not say states such as California must change their laws that forbid schools from discriminating based on gender. Instead, he stressed states are free to make their own decision.

"Consistent with Title IX and the Equal Protection Clause, we hold that the states may maintain women’ and girls’ sports for biological females. They may determine eligibility for women’ and girls’ sports based on biological sex. The Constitution and Title IX do not require an overhaul of women’ and girls’ sports throughout America," Kavanaugh said.