(6-30-26) The Supreme Court has ruled that state bans in Idaho and West Virginia do not violate the Constitution or the Title IX federal program.
In a 6-3 Court decision written by Justice Brett Kavanaugh, the court ruled that Idaho and West Virginia’s laws do not violate the Equal Protection Clause or Title IX.
Kavanaugh was joined by Chief Justice John Roberts and Justices Clarence Thomas, Samuel Alito, Neil Gorsuch and Amy Coney Barrett.
Judge Kavanaugh said that Title IX allows schools to maintain separate girls’ and boys’ sports teams based on what the court called “biological sex,” and that states may use the same rule under the Constitution. “Schools may determine eligibility for women’s and girls’ sports based on biological sex.”
The two States here—along with 25 other States, the IOC, the USOPC, and the NCAA—have concluded at this time that women and girls should be allowed to compete for those life-changing opportunities on an equal playing field, without fear of physical injury from biological males or being forced to compete against biological males. Consistent with Title IX and the Equal Protection Clause, we hold that the States may maintain women’s and girls’ sports for biological females. They may determine eligibility for women’s and girls’ sports based on biological sex. The Constitution and Title IX do not require an overhaul of women’s and girls’ sports throughout America.
The cases, Little v. Hecox and West Virginia v. B.P.J., centered on two transgender students: Lindsay Hecox, who sought to run track and cross country at Boise State University, and Becky Pepper-Jackson, a West Virginia girl who wanted to compete on girls’ teams at school.
Related
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- California Transgender Track Star ‘Jumps’ Into The Spotlight Again
- California Volleyball Teams Refuse To Play Team With Transgender Player
- Minnesota Transgender Softball Pitcher…Left Off All-State List
- UPenn Signs OCR’s Resolution Agreement to Resolve Its Title IX Violations, Lia/Will Thomas Apology By School
THE NFHS IS THE NATIONAL LEADER AND ADVOCATE FOR HIGH SCHOOL SPORTS AND ACTIVITIES IN THE U.S.
We write playing rules, conduct research, offer guidance, provide education and celebrate successes. Ultimately, our goal is to ensure that all students have the opportunity to Play, Perform and Compete Together in high school sports and activities.
NFHS posting Feb.2026 —-The Court and Transgender Athletes: The Oral Arguments
SSN has requested a statement from the NFHS on the ruling.
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