The Equal Protection Clause of the Fourteenth Amendment and Title IX are designed to protect individuals from sex-based discrimination. But what happens when a state passes a law that directly excludes students from participating in sports based on their gender identity? In West Virginia v. BPJ and Little v. Hecox, the Supreme Court considered whether state laws in West Virginia and Idaho prohibiting transgender female students from joining women’s sports teams violated Title IX and the Equal Protection Clause.
Women Lawyers on Guard Inc. joined an amicus brief arguing that the laws violated both the Constitution and Title IX because they discriminated against students based on their sex and gender identity. The brief explains that excluding transgender girls from school sports reinforces harmful gender stereotypes, deprives transgender students of the benefits of athletics, and puts students in gravely unequal positions based on their gender.
Unfortunately, on June 30, 2026, the Supreme Court held that the state laws did not violate the Equal Protection Clause or Title IX, allowing them to be enforced. This ruling is detrimental for transgender and cisgender students across the country and reflects a significant setback for LGBTQ+ rights.
To read the amicus brief, please click here.
