Both sides of the transgender athletes debate are on the edge of their seats after oral arguments at the Supreme Court were heard Jan. 13.
While it will likely be months until a final decision is made, the conservative-majority court appeared to be in favor with the 27 states who have implemented prohibitions on transgender women playing on academic sports teams.
The court heard more than three hours of arguments in separate cases involving two transgender students, Becky Pepper-Jackson and Lindsay Hecox, both who challenged state bans in West Virginia and Idaho, respectively.
During the arguments, questions asked by justices indicated they appeared reluctant to find that the laws violate either the 14th Amendment, which requires that the law apply equally to everyone, or Title IX of the Education Amendments of 1972, which prohibits sex discrimination in education.
A key point brought up by several justices is the Javits Amendment, a provision of Title IX enacted in 1974 which allows for sex classifications in sports based on biological sex to ensure there could be sex-seperate teams.
Backlash over transgender athletes participating in women’s sports became a national debate when University of Pennsylvania swimmer Lia Thomas became the first trans woman to win a NCAA championship in 2022. San Jose State University’s women’s volleyball team also went under national debate when five schools forfeited matches because of its roster including a transgender athlete in 2024.
President Trump signed an executive order in February 2024, directing the Department of Education to threaten school systems with a loss of federal funding if they continued to “force” women to compete with trans women, calling it a Title IX violation.
