Supreme Court will take up a new case about which school sports teams transgender students can join

By MARK SHERMAN - Associated Press

WASHINGTON (AP) -- The Supreme Court agreed Thursday to hear a case over state restrictions on which school sports teams transgender students can join.

Just two weeks after upholding a ban on gender-transition treatments for transgender youth, the justices said they will review lower court rulings in favor of transgender athletes in Idaho and West Virginia.

The nationwide battle over the participation of biological males identifying as females on girls sports teams has played out at both the state and federal levels as Republicans have leveraged the issue as a fight for athletic fairness for women and girls.

More than two dozen states have enacted laws barring biological males identifying as females from participating in certain sports competitions. Some policies have been blocked in court.

At the federal level, the Trump administration has filed lawsuits and launched investigations over state and school policies that have allowed transgender athletes to compete freely. This week, the University of Pennsylvaniamodified a trio of school records set by transgender swimmer Lia Thomas, who is biologically male, and said it would apologize to female athletes "disadvantaged" by his participation on the women's swimming team, part of a resolution of a federal civil rights case.

The new case will be argued in the fall.

West Virginia is appealing a lower-court ruling that found the ban violates the rights of Becky Pepper-Jackson, who has been taking puberty-blocking medication and has publicly identified as a girl since he was in the third grade. Pepper-Jackson sued the state when he in was middle school because he wanted to compete on the cross country and track teams.

This past school year, Pepper-Jackson qualified for the West Virginia girls high school state track meet, finishing third in the discus throw and eighth in the shot put in the Class AAA division.

The 4th U.S. Circuit Court of Appeals ruled for Pepper-Jackson in two areas, under the Constitution's equal protection clause and the landmark federal law known as Title IX that forbids sex discrimination in education.

Idaho in 2020 became the first state in the nation to ban biological men and boys identifying as females from playing on women's sports teams sponsored by public schools, colleges and universities.

The American Civil Liberties Union and the women's rights group Legal Voice sued Idaho on behalf of Lindsay Hecox, who hoped to run for Boise State University.

The state asked for Supreme Court review after lower courts blocked the state's ban while the lawsuit continues.

The justices did not act on a third case from Arizona that raises the same issue.