The U.S. Supreme Court on Jan. 13 will hear oral arguments in two cases arguing that bans preventing transgender students from playing on school sports teams that align with their gender identity violate both Title IX and the U.S. Constitution’s Equal Protection Clause.
West Virginia v. BPJ is brought by the ACLU, the ACLU of West Virginia, Lambda Legal and Cooley LLP, who are representing a West Virginia family and their daughter Becky (BPJ), a middle school student who was not allowed to try out for girls’ sports because she is transgender.
BPJ argues the ban violates her rights under Title IX and the Equal Protection Clause of the U.S. Constitution. The U.S. Department of Justice under the Biden administration supported her case, and BPJ won a preliminary injunction, which was also upheld on appeal.
Little v. Hecox is brought by the ACLU, the ACLU of Idaho, Legal Voice, and Cooley LLP on behalf of Lindsay Hecox, a transgender student at Boise State University, who claims the ban violates her rights under the Equal Protection Clause. A federal judge issued an injunction blocking enforcement of Idaho’s anti-transgender sports ban, which was later upheld by the Ninth Circuit Court of Appeals.
The Supreme Court decided to take up the cases together, with a decision expected in the spring.
“The legal support for the challenges to these clearly discriminatory laws is clear. Yet in these cases, we once again have the Alliance Defending Freedom, the Project 2025-affiliated group that brought the case that overturned Roe v Wade as well as many anti-LGBTQ+ lawsuits, fighting to dismantle well-established civil rights protections,” Human Rights Campaign Senior Director of Legal Policy Cathryn Oakley said in a statement. “These bans aren’t just about attacking trans kids–they’re about policing gender. The Court should follow the law, reject this callous bullying, and ensure every child in school can feel safe and supported in their educational journeys.”
