The U.S. Supreme Court is scheduled to hear oral arguments on January 13, 2026, in two consolidated cases challenging state laws that ban transgender students from participating in school sports consistent with their gender identity.
The cases focus on whether these bans violate the Equal Protection Clause of the Constitution or Title IX, the federal law prohibiting sex discrimination in education programs receiving federal funding.
A state ban on transgender students participating in sports is to be heard before the Supreme Court
The primary case stems from West Virginia, where a law bars transgender girls from competing in girls’ and women’s sports. Lower courts have blocked the ban, but the conservative-leaning Supreme Court could uphold it, aligning with recent decisions allowing restrictions on transgender rights (e.g., upholding bans on gender-affirming care for minors in June 2025). The second case originates from Idaho, challenged by college student Lindsay Hecox, involving a similar statewide ban.
Over two dozen states have enacted such laws, often justified as protecting athletic opportunities for cisgender females based on perceived biological advantages. The Trump administration has amplified this by issuing executive orders barring transgender women from women’s sports in NCAA and U.S. Olympic/Paralympic events, and defining gender as immutable and determined at birth.
Key Arguments
- Opponents of the Bans (including transgender athletes, advocates, and Democratic-led states): These laws discriminate based on sex and transgender status, violating Title IX and equal protection. They build on the Court’s 2020 Bostock ruling, which held that workplace discrimination against transgender people is sex discrimination. Supporters argue the bans isolate marginalized youth and deny them equal educational opportunities.
- Supporters of the Bans (Republican-led states, some athletes, and officials): Biological differences between males and females (e.g., strength, speed) necessitate separation to ensure fairness and safety in women’s sports. They emphasize preserving gains from Title IX for cisgender women and girls.
Public opinion from an October 2025 AP-NORC poll shows ~60% of U.S. adults favor requiring transgender youth to compete on teams matching their sex assigned at birth, with 20% opposed. Transgender identification affects ~0.8% of adults and ~3.3% of teens aged 13-17, per UCLA’s Williams Institute.
Spotlight on Affected Individuals
A key figure is 15-year-old Becky Pepper-Jackson, a West Virginia high school sophomore and transgender girl who has competed in track and field (placing third in discus and eighth in shot put as a freshman). She attributes her success to hard work and has been on puberty blockers. Her mother, Heather Jackson, calls the bans “hatred,” saying: “It’s nothing but hatred… We have a long history of isolating marginalized parts of the community.”
Pepper-Jackson has faced backlash, including a competitor wearing a “Men Don’t Belong in Women’s Sports” T-shirt, and unfounded bullying allegations (dismissed by her school). If banned, she plans to continue weightlifting and band activities, noting: “It will hurt a lot… but that’s what I’ll have to do.” West Virginia AG JB McCuskey defends the law: “Men are bigger, stronger, faster. That’s why we have separate sports for men and women… It’s about preserving women’s sports that we fought for 50 years to have.”
Broader Implications
The Court has received amicus briefs from bipartisan states, Congress members, athletes, doctors, scientists, and scholars. A ruling (expected by early summer 2026) could set precedent for transgender athlete participation nationwide and influence policies on gender-affirming care amid political debates.
Conservative lawyer John Bursch frames it as a societal issue: “This case is about whether we can affirm that the statement ‘a man can be a woman’ is a lie.” The cases highlight tensions over transgender rights in education and sports.
The PBS page includes a live audio stream for the arguments (starting at 10 a.m. ET on January 13, 2026), as the Supreme Court does not allow cameras. For real-time coverage, tune in via the embedded player or PBS Newshour updates.
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