by Amy Howe at SCOTUSblog
The Supreme Court on Tuesday during oral arguments seemed likely to uphold laws that prohibit transgender women and girls from competing on women’s and girls’ school sports teams. After nearly three-and-a-half hours of arguments in a pair of cases from Idaho and West Virginia, a majority of the justices appeared to agree with the states that the laws can remain in place, even if it was not clear how broadly their ruling might sweep.
The court’s three Democratic appointees appeared to recognize that the challengers faced an uphill battle. They seemed to devote much of their efforts to mitigating their losses – either by getting one case thrown out or by limiting the court’s decision to a narrow one.
Idaho adopted its law in 2020; West Virginia followed one year later. Lindsay Hecox, now 24 years old, went to federal court in Idaho to challenge that state’s law. Hecox is a transgender woman who wanted to be able to try out for the women’s track and cross-country teams at Boise State University; she did not make those teams but later played club sports.
The West Virginia case was filed by Heather Jackson, the mother of B.P.J., a now-15-year-old transgender high school student who has publicly identified as a girl since the third grade. B.P.J. has taken puberty blockers to prevent the onset of male puberty, as well as hormone therapy with estrogen. B.P.J. has competed on the track and cross-country teams at school.
A federal appeals court in San Francisco barred…
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