“This is a setback, not the final word,” said Legal Director Shannon Minter

WASHINGTON DC—Today, the Supreme Court of the United States issued its decision in Little v. Hecox and West Virginia v. B.P.J., holding that neither Title IX, which prohibits sex discrimination in education, nor the Equal Protection Clause of the United States Constitution bars states from excluding all transgender girls from participating in girls’ sports at school.  According to the majority opinion: “The legislatures and the schools are better equipped—and under the Constitution, are the more appropriate entities—to assess the competing medical and scientific considerations and draw appropriate lines.”

The National Center for LGBTQ Rights’ Legal Director Shannon Minter—who has brought multiple transgender athlete cases over the past two decades and is himself transgender—and Senior Staff Attorney Rachel Berg—who is currently litigating a case challenging the state of Arizona’s ban on transgender student athletes that is awaiting a decision today on whether it will be heard by the U.S. Supreme Court—issued the following statements in response to today’s Supreme Court decision:

“This is a disappointing decision, but also a narrow one that leaves the door open for the many states and schools that have adopted reasonable policies that protect both fairness and inclusion with respect to transgender students. Today’s limited decision means that states and schools across the country still have the power to make reasonable rules to ensure fairness without banning all transgender girls,” said Shannon Minter, National Center for LGBTQ Rights Legal Director. “Many transgender girls, given age or medical treatments, may only go through female puberty or may otherwise have no relevant competitive advantage. Like other health or medical considerations in sports, reasonable policies for transgender student athletes rely on individual assessments rather than blanket bans. Every child deserves the chance to play sports with their friends and learn the lessons sports teach, including determination, resilience, and teamwork. Our kids deserve to have the people who know our children best, local school districts and communities, make these decisions on a case-by-case basis. To the transgender kids watching today: please don’t lose heart. This is a setback, not the final word. You deserve to play, to belong, and to dream as big as any other child—and we will keep working until the law fully recognizes that. We see you, and we’re with you.”

“The Court’s ruling today ignores clear discrimination and political attacks against transgender girls. Blanket bans on transgender girls playing school sports invite anyone to call for a ‘gender check’ on any girl who wants to play sports if they think she is ‘too tall’ or ‘too strong,’” said Rachel Berg, National Center for LGBTQ Rights Staff Attorney. “Local schools and sports associations should be handling this issue, not politicians.”

The state laws in Little v. Hecox and West Virginia v. B.P.J. took an extreme approach, categorically banning all transgender girls from girls’ sports of all ages, all levels of competition, and for all sports—regardless of their individual circumstances, medical treatment, or whether they have any physical advantage.

The amicus brief submitted to the Supreme Court by the National Center for LGBTQ Rights and GLAD Law outlines policy examples across the country demonstrating why categorical bans are not necessary.

The amicus brief filed by the National Center for LGBTQ Rights and GLAD Law documents policies from across the country demonstrating workable alternatives to categorical bans:

• Case-by-Case Review (Illinois, Michigan): Athletic associations evaluate eligibility individually based on “individual circumstances presented,” not “preconceived notions.”
• State Commissions (Utah, Wyoming): Expert commissions of medical professionals and athletic officials evaluate whether individual students would have a “material competitive advantage.”
• State Committee (Maine): From 2013-2021, a statewide committee held hearings for 56 transgender students, balancing “maximizing opportunities” with “ensuring fair competition.”
• Innovative Solutions (California): At a 2025 state meet, officials expanded qualifying slots. Transgender athlete AB Hernandez shared the podium with a competitor; both high-fived

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The National Center for LGBTQ Rights (NCLR) is a national legal organization committed to advancing the human and civil rights of the lesbian, gay, bisexual, transgender, and queer community through litigation, public policy advocacy, and public education. Since its founding in 1977, NCLR has maintained a longstanding commitment to racial and economic justice and the LGBTQ community’s most vulnerable. www.nclrights.org