Idaho was the first state to pass a ban on trans athletes in 2020. Since then, more than half of states have passed laws that ban trans students, in most cases, trans women and girls, from playing sports consistent with their gender identity.
The challenge to state laws comes from a former Boise State University student and a middle schooler in West Virginia.
Shiwali Patel is senior director of education justice with the National Women's Law Center, which has filed an amicus brief defending trans athletes in the case. Her organization argues the bans violate Constitutional equal protection guarantees and misinterpret Title IX protections prohibiting sex-based discrimination in federally funded education.
"These laws are very concerning," said Patel, "because these are flat-out denials of opportunity to play sports, and they target a very vulnerable community, and they're discriminatory."
Patel's organization is also opposed to provisions in some laws, including Idaho's, that allow for invasive sex-testing examinations.
Lower courts have largely sided against bans so far. Supporters of the bans say they protect women's sports.
But Patel said they send a damaging message to trans people. She said trans athletes want to play sports for the same reason as everyone else.
"Some of them lose, some of them win, but all of them get to benefit like their peers in all the ways that one does," said Patel, "whether it's academically, the leadership skills, social-emotional benefits from playing sports, and to deny someone that opportunity just because they're trans is just so cruel."
Patel said if politicians really want to protect women and girls in sports, there are many other avenues to pursue, like addressing the lack of opportunities for girls to play high school sports or poor funding and resources for women in college sports.
"We should hold them to that," said Patel, "and to really see through how they're trying to deceive the public when they claim that this is to protect women and girls, and it's actually not doing that."
