Why the Supreme Court decided the wrong issue in the transgender athletes cases
Publisher
SCOTUSblog
Date
2026-7-27
In one of the last decisions in argued cases this term, West Virginia v. B.P.J., the Supreme Court held that state bans forbidding transgender girls from participating in girls’ sports violated neither Title IX of the Education Amendment Acts of 1972 – which bans sex discrimination in schools that receive federal funding – nor the equal protection clause of the 14th Amendment. Interestingly, the Title IX holding was 9-0 on this politically contentious issue. The essential problem with the case was over what exactly the plaintiffs were challenging – the definition of “female” or sex segregation itself. And that confusion led the justices to the wrong answer.
Citation
Craig Konnoth, Why the Supreme Court decided the wrong issue in the transgender athletes cases, SCOTUSblog (July 27, 2026).