The Supreme Court is set to hear oral arguments Tuesday over the legality of state bans on transgender athletes participating in women and girls’ sports, in a pair of cases that could shape the legal landscape nationwide for similar bans and other transgender issues.
Two athletes challenged state laws in Idaho and West Virginia that ban transgender girls from participating in sports that match their gender identity. Lower courts ruled against the bans, and both the states and the Trump administration have asked the justices to allow the laws to stand.
The justices will weigh whether the state bans violate Title IX of the Civil Rights Act, which states no one should be discriminated against in education programs “on the basis of sex,” as well as whether the bans violate the Equal Protection clause of the 14th Amendment to the Constitution.
