Key Takeaways from Transgender Athlete Hearings at Supreme Court
The U.S. Supreme Court heard arguments on Tuesday in two different cases surrounding the issue of transgender athletes. Read on for more details about the divisive issue and what is next in the fight for both sides.
Supreme Court Hears Arguments on Transgender Athlete Cases
The highest court in the land is taking on the issue of transgender athletes. The Supreme Court heard arguments on Tuesday about the issue in the cases of Little v. Hecox out of Idaho and West Virginia v. B.P.J. Both cases question the legality of barring transgender girls and women from participating in traditional female sports.
In the past, cases about transgender athletes focused on recent policy history, the existing science regarding transgender athletes in sports, and the overall importance of sports in society. The latest arguments centered on the more complex legalities about the equal protection clause of the 14th Amendment and Title IX.
Idaho state representative and author of HB 500, Barbara Ehardt, said that "it is important to recognize that allowing a biological male takes away the opportunity of a gal, and it infringes on the opportunities of everybody they play." Ehardt referenced the comments by Justice Brett Kavanaugh, saying the issue was a "zero-sum game." The court is not expected to issue its ruling for another few months.
Kavanaugh rightfully pointed out that the states are deeply divided on this issue, meaning that the opinion of the Supreme Court could have far-reaching consequences. Idaho and West Virginia are two of the 27 states that have passed legislation banning transgender girls and women from participating in female athletics. The rest of the states have not passed any type of formal legislation on the issue.
Alliance Defending Freedom (ADF) senior counsel John Bursch told the media waiting outside the court that the problem needs to be addressed nationally, as it is not fair to have transgender athletes competing as female athletes in some states but not others. ADF is a conservative firm that was brought in for consultation on Idaho's HB 500.
On the other side of the argument, American Civil Liberties Union (ACLU) senior counsel Joshua Block said that he hopes that the court's decision will be as narrow as possible. A wider decision could pave the way for the court to chip away at Title IX protections for everyone, according to some legal experts.
Transgender actor Elliot Page was also in the courtroom listening to the arguments on Tuesday. Page said that the case seems clear to him. Page expressed gratitude for those who are fighting for the transgender community.
Demonstrators Gather Outside Courthouse and Around the Nation
As has typically been the case with this controversial issue, protesters on both sides of the issue assembled outside the courtroom early Tuesday. The demonstrators came equipped with posters and large sound systems to get their message across. The demonstrations also featured live music, prayer sessions, and a performance from an all-queer cheerleading team.
The protesters advocating for a ban on transgender athletes competing in women's sports carried signs with slogans such as "Our sports, our spaces," and "Protect women's sports." Those in support of including transgender athletes carried signs that read "Trans kids belong," "Together we win: Fight for the T in team," and "Our families are more than a game." These athletes were united in their beliefs that their ability to do the sport they love should be a political issue.
Several former high school and college athletes spent the day demonstrating for both sides of the issue. Those who felt passionate about the issue also took to the streets in front of some of the state capitals across the country.
However, some of the most prominent voices expressed their belief that change will not happen overnight. For example, Aubrey Sparks, the legal director of ACLU of West Virginia, said that victories do not happen in isolated cases.
Although the final ruling is still likely a few months away, the early signals gleaned from the justices' questioning indicate that the court will uphold the state laws banning transgender athletes from participating in female sports. The court's majority conservative justices appear to agree with these current state laws, meaning that it will be difficult for the liberal justices to stand on the ground of overturning these policies.
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