Birthright citizenship, conversion therapy ban, trans sports: 5 Supreme Court decisions to watch in 2026
3. Idaho, West Virginia trans sports bans
In the related cases of Lindsay Hecox et al. v. Bradley Little, et al. and State of West Virginia v. B.P.J., the Supreme Court will determine if states can prohibit male student athletes from competing in girls’ sports.
The Hecox case centers on a trans-identified male athlete suing to strike down an Idaho law known as the Fairness in Women's Sports Act. The state law was blocked by a three-judge panel of the Ninth U.S. Circuit Court of Appeals in August 2023, upholding a lower court preliminary injunction against it.
The B.P.J. case involves a challenge by another trans-identified male athlete to West Virginia's Save Women's Sports Act of 2021. In February 2023, a three-judge panel of the Fourth U.S. Circuit Court of Appeals issued a 2-1 decision reinstating an earlier lower court ruling that blocked the legislation.
The Supreme Court heard oral arguments on Tuesday on the two cases, one after the other, with the United States Department of Justice taking the side of the state laws.
The Christian Post reported last year that trans-identified male athletes were awarded more than 1,900 gold medals while competing in female athletic competitions.
