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During three hours of arguments today, the Supreme Court’s conservative majority indicated that it was likely to uphold two state laws that bar transgender athletes from participating on girls’ and women’s sports teams.
The justices heard challenges brought by a transgender girl in West Virginia and a transgender woman in Idaho, who argued that the laws violate the Constitution’s guarantee of equal protection. The West Virginia girl, 15-year-old Becky Pepper-Jackson, argued that she does not have an advantage over other girls. My colleague Ann Marimow profiled Pepper-Jackson, an accomplished shot-putter and discus thrower who transitioned in third grade.
The conservative justices appeared ready to side with the states. They emphasized that federal law has long allowed separate sports teams for boys and girls to ensure fair competition, and raised concerns that striking down the laws would undermine the goals of Title IX. The court’s decision could affect laws in 27 states.
The three liberal justices suggested that even if the laws were constitutional in most cases, perhaps the two transgender athletes at the heart of today’s arguments could show that they themselves do not possess unfair competitive advantages and could still be allowed to play on girls’ and women's teams.
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