The U.S. Supreme Court ruled on June 30 that state laws banning transgender girls from participating in all school sports do not violate the Equal Protection Clause of the Constitution or Title IX, the federal law prohibiting sex discrimination in schools that receive federal funding. The decision came in two cases, West Virginia v. B.P.J. and Little v. Hecox, and drew immediate statements from New York Attorney General Letitia James and the New York Civil Liberties Union. New York’s own state laws, which independently prohibit schools from excluding trans students from sports, are not affected by the ruling.
In a statement released through the Office of the New York State Attorney General, James said the court “has decided to continue down this dangerous and harmful path,” referring to what she described as a pattern of “cruel and discriminatory laws targeting the trans community” passed by states and localities in recent years. “Today’s ruling ignores fact, science, and decency in favor of abandoning young trans people nationwide,” James said. She pledged to “continue to fight for trans New Yorkers against discriminatory policies.”
According to the NYCLU, the court held only that states may create sports exclusions for transgender athletes under federal law, not that they are required to. The decision applies only to athletics and does not address any other aspect of school life.
State laws protect New York students from the ruling, according to the NYCLU. Those include the state Human Rights Law, the Gender Expression Non-Discrimination Act, the Dignity for All Students Act, and the New York Equal Rights Amendment. Those laws have made it illegal for more than a decade for public schools to discriminate against students based on gender identity or expression, the NYCLU said. Trans students in New York retain the right to participate in athletics and other activities aligned with their gender identity, use facilities consistent with their gender identity, and update their name and gender on school records. New York’s Attorney General and the State Education Department have recently reaffirmed that schools must continue to comply with those state protections, according to the NYCLU.
NYCLU Executive Director Donna Lieberman called the ruling “an attack on young transgender women and girls around the country who just want to participate in student athletics, compete on a team, have fun with their peers, and be treated with the same dignity and respect as anyone else.” Lieberman said the Supreme Court “is allowing politicians to mandate discrimination against transgender people.” She acknowledged the ruling’s limits but said it “will nevertheless embolden more transphobic policies in an attempt to erase trans kids and their existence from daily life.”
Lieberman addressed New Yorkers directly in her statement: “It is critical that all New Yorkers know, as bad as this decision is, New York still has laws to protect trans people from discrimination which today’s ruling doesn’t touch. In New York, it remains illegal for public schools to discriminate against students because of their gender identity or expression.”
James, in her statement, said sports teams are “essential settings for young adults to build camaraderie, friendships, and life-long skills” and that “so much of the conversation around transgender athletes forgets that there are real people impacted by these policies.”
Featured image: Via Wikimedia Commons
