Wednesday, July 17, 2024

Cert. Petitions Filed in Challenges to Bans on Transgender Women on Women's Sports Teams

Last week, a petition for certiorari (full text) was filed in the U.S. Supreme Court seeking review in Little v. Hecox, (Docket No. 24-38, cert. filed 7/11/2024). At issue in the case is whether Idaho's Fairness in Women's Sports Act violates the Equal Protection Clause.  The Act prohibits transgender women and girls from participating on women's sports teams in public elementary schools, high schools and public colleges. Here are the 9th Circuit opinions issued in the case and text of the relevant statutes.

In a related case, State of West Virginia v. B.P.J., (Docket No. 24-23, cert. filed July 16, 2024), a petition for certiorari (full text) was filed in a case challenging West Virginia's Save Women's Sports Act as violative of Title IX and of the Equal Protection Clause.  At issue is the ban on transgender girls participating on girls' sports teams in public high schools or state colleges where team members are chosen on the basis of competitive skills or in contact sports. Here is the 4th Circuit's opinion in the case and the text of the relevant statute.

ADF issued a press release announcing the filing of the petitions.