U.S. Supreme Court takes up trans athlete ban in Idaho, West Virginia

The U.S. Supreme Court on Thursday agreed to consider a challenge to Idaho’s ban on transgender athletes in girl’s and women’s sports. 

The court will also take up a lawsuit related to a similar ban in West Virginia. 

Idaho in 2020 became the first state in the nation to implement this kind of ban, which prohibits transgender athletes from participating on any team designated for women or girls, from public K-12 schools to universities. Similar laws are in place in 27 states. 

The ACLU of Idaho and the national American Civil Liberties Union challenged Idaho’s law immediately, arguing that it violates the Equal Protection Clause of the Constitution’s 14th Amendment — which prohibits discrimination on the basis of sex. The West Virigina case additionally challenges the other law based on Title IX, the federal law prohibiting sex discrimination in educational programs. 

Federal courts initially blocked Idaho’s law from taking effect. But the block was later narrowed to only protect the suing athlete, Linsday Hecox. That came after the U.S. Supreme Court, in another Idaho case called Poe v. Labrador, narrowed the scope of preliminary injunctions. 

“We are confident that the U.S. Supreme Court will agree with federal court rulings that this ban is unconstitutional.” ACLU of Idaho spokesperson Rebecca De León said in an emailed statement. “Despite this ruling, Idaho remains an incredibly hostile state for transgender people, despite a national trans athlete ban failing to pass Congress earlier this year. Idaho will be on the wrong side of history on this issue, and transgender people are the ones paying the price for it.”

Last week, Idaho Attorney General Raúl Labrador urged the U.S. Supreme Court to take up Idaho’s case, called Hecox v. Little, Idaho Education News reported. 

In a statement Thursday, Labrador said he was thrilled that the Supreme Court would hear Idaho’s case. 

“For too long, activists have worked to sideline women and girls in their own sports,” Labrador said. “Men and women are biologically different, and we hope the Court will allow states to end this injustice and ensure that men no longer create a dangerous, unfair environment for women to showcase their incredible talent and pursue the equal opportunities they deserve.”

Last month, the U.S. Supreme Court upheld a Tennessee state law that bans gender-affirming care for minors. Idaho has a similar state law. 

The case will be argued in the fall and decided in 2026, ABC News reported.