Athletics

Red treadmill at the stadium with the numbering

On June 30, 2026, the United States Supreme Court decided the consolidated cases West Virginia v. B.P.J. (No. 24-43) and Little v. Hecox (No. 24-38), upholding state laws in West Virginia and Idaho that prohibit transgender female athletes from participating in women’s and girls’ sports. In so doing, the High Court reversed decisions from both the U.S. Court of Appeals for the Fourth Circuit (West Virginia) and the Ninth Circuit (Idaho). The ruling addressed two distinct legal questions—one under Title IX and the other under the Equal Protection Clause—with different vote counts on each.

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The legal landscape for transgender rights in the United States continues to evolve rapidly, with the U.S. Supreme Court (the “Court”) and federal courts issuing pivotal decisions. The past year has seen high-profile cases on access to gender-affirming care, participation in school sports, restroom policies, and the intersection of First Amendment rights with issues of gender identity. These cases have resulted in a patchwork of rulings and left many legal questions unresolved, with significant implications for students, educators, and families nationwide.

Cheer-Megaphone

In April 2023, the U.S. Department of Education’s (Department) released a notice of proposed rulemaking (NPRM) on Nondiscrimination on the Basis of Sex in Education Programs and Activities Receiving Federal Financial Assistance: Sex-Related Eligibility Criteria for Male and Female Athletic Teams. The final rule is expected to be released in spring 2024. For highlights from the Department’s NPRM, see our blog post available here.

Choosing your way

On April 6, 2023, the U.S. Department of Education released a notice of proposed rulemaking (NPRM), which was published in the Federal Register on April 13, 2023, on athletic eligibility under Title IX. The express aim of the proposed rule is to advance Title IX’s goal of ensuring equal opportunity in athletics. While working with stakeholders to develop the proposed rule, the department learned that there is uncertainty about when and how students who identify as transgender can participate in school-sponsored sports, and the proposed rule seeks to provide clarity for students, parents, and schools. The department provided a fact sheet highlighting key aspects of the proposed rule, which are summarized below.