The Supreme Court says states can keep transgender athletes out of girls’ sports — but it didn’t say they have to, and several blue states aren’t budging.
In a Tuesday ruling, the court found that separating school sports by sex doesn’t violate Title IX or the 14th Amendment’s Equal Protection Clause. But the decision stopped short of requiring states to ban transgender athletes from female teams, leaving the door open for the 23 Democrat-led states that already allow it based on gender identity.
The court did settle one long-running argument: “Sex,” under the 1972 law, means biological sex, not gender identity.
“This ruling merely says women’s sports are legal, but it doesn’t preserve their right to them,” said May Mailman, director of the Independent Women’s Law Center.
Democratic officials wasted no time defending their policies. Maine Attorney General Aaron Frey called the ruling “yet another disturbing affront to personal liberties” and said his state won’t stop transgender students from competing in girls’ sports. Massachusetts Attorney General Andrea Joy Campbell said excluding transgender students “marginalizes and harms vulnerable students.” New York Attorney General Letitia James said the ruling “ignores fact, science and decency” and abandons “young trans people nationwide.”
Women’s sports advocate Riley Gaines said the fight is only half over.
“We still need federal action,” Ms. Gaines said, calling on Congress to act.
Read more:
• Democrats show no sign of budging on transgender athletes, despite Supreme Court loss
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