130 Democrats urge Supreme Court to back trans athletes in Title IX cases

A coalition of 130 Democrats in Congress filed a joint brief urging the Supreme Court to rule in favor of two transgender athletes in upcoming cases regarding the protection of women’s sports and the national enforcement of Title IX.

The coalition of nine senators and 121 House members is led by Rep. Becca Balint, DV.t., co-chair of the Congressional Equality Caucus, and Rep. Teresa Leger, DN.M, chairwoman of the Democratic Women’s Caucus. Fernández and Sen. Mazie Hirono, D-Hawaii.

The signatories include prominent figures from the party’s left wing, including Reps. Alexandria Ocasio-Cortez (D-N.Y.) and Ilhan Omar (D-Minn.). The list also includes House minority leader Hakeem Jeffries and Rep. Nancy Pelosi. The list does not include prominent moderate Sen. John Fetterman (D-Pa.) or Senate minority leader Chuck Schumer (D-Y).

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The 130 Democrats on the list are urging the court to side with West Virginia transgender teenager Becky Pepper-Jackson, who successfully challenged a state law banning biological males from competing in girls’ sports, and Lindsay Hecox, who successfully challenged a similar law in Idaho to compete on the Boise State women’s cross country team.

“Categorical bans, such as the bans in West Virginia and Idaho, undermine these protections and the ability of transgender students to be part of the school community,” the summary reads.

“All students deserve equal access to opportunities in schools, whether in the classroom, on the playground, or in other settings. No student should be discriminated against based on who they are,” Hirono wrote in the announcement of the briefing.

“A categorical ban on transgender students’ participation in sports not only harms these students, but also exposes women and girls to harassment and discrimination and leads to surveillance of children’s bodies. This is contrary to the purpose of Title IX: to end discrimination in federally funded educational programs. These bans are blatant discrimination, and the Court must say so.”

Congressional Democrats are taking the position even though support for transgender athletes in women’s and girls’ sports emerged last year as a weakness for voters and a point of contention within the party.

LEGAL DEFENSE TO ‘SAVE WOMEN’S SPORTS’, SCOTUS GIVEN RIGHT TO DEBATE IN TRANS ATHLETE DISPUTE

one in january New York Times/Ipsos survey The vast majority of Americans, including a majority of Democrats, do not think transgender athletes should be allowed to compete in women’s sports.

Of the 2,128 people who participated, 79% said biological men who identify as women should not be allowed to participate in women’s sports. Of the 1,025 people who identified as Democrats or Democratic leaners, 67% said transgender athletes should not be allowed to compete with women.

What to know about the two cases

Little vs Hecox and West Virginia vs BPJ were each initially legal wins that allowed biological males to bypass state laws to compete against females. But since the cases will now be heard by the Supreme Court, a decision could have a far-reaching impact on the legality of transgender athletes in women’s sports.

The cases will go to oral arguments on January 13 in Washington, D.C.

The case, Little v. Hecox, was first filed by transgender athlete Lindsay Hecox in 2020 after the athlete wanted to join the women’s cross country team at Boise State and was blocked by a state law that prevents transgender athletes from competing in women’s sports.

Hecox was also joined by Jane Doe, an anonymous biological female student who was concerned about the potential of being subjected to the gender nonconformity verification process. The challenge was successful when a federal judge blocked Idaho’s state law.

A panel of the 9th U.S. Circuit Court of Appeals upheld a preliminary injunction blocking the state law in 2023 before the Supreme Court agreed to hear the case in July. Hecox then asked SCOTUS last month to drop the challenge, claiming the athlete “has therefore decided to withdraw permanently and refrain from playing any women’s sports at BSU or Idaho.”

Hecox sought to dismiss the case in September after the Supreme Court agreed to hear the case in July, but President-appointed U.S. District Judge David Nye Donald Trump In 2017, he denied Hecox’s request to dismiss the case.

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The case, West Virginia v. BPJ, was filed by transgender athlete Becky Pepper-Jackson against the state of West Virginia, which initially obtained an injunction allowing the athlete to participate on the school’s sports teams. The 4th Circuit Court of Appeals ruled that the law violated Title IX and the equal protection clause. Now the Supreme Court has agreed to hear the state’s appeal.

In her reply brief, the athlete’s mother, Heather Jackson, argued: West Virginia law Provision IX banning transgender athletes from competing in women’s sports. It violates Title.

However, Title IX does not explicitly protect the right of biologically male transgender people to identify as women. The Trump administration and the West Virginia state government do not interpret Title IX as protecting this right.

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