More than 130 Democratic lawmakers urged the Supreme Court on Monday to strike down state laws that bar biological males who identify as transgender from competing in girls’ and women’s sports.
The group, consisting of 121 House Democrats and nine Democratic senators, filed an amicus brief in two consolidated cases the justices will hear January 13, 2026: Little v. Hecox from Idaho and West Virginia v. B.P.J.
Lawmakers argued that "categorical bans are the improper tool to address participation in youth sports teams."
They insisted lawmakers "have an interest in protecting the privacy, safety, health, and rights of the American people, including students who are transgender and cisgender."
“Categorical bans—such as the bans in West Virginia and Idaho—undermine those protections and the ability of transgender students to be part of their school community," the brief states.
Sen. Mazie K. Hirono, D-Hawaii, who spearheaded the effort, declared in a press release, "This contradicts the very purpose of Title IX: ending discrimination in federally-funded education programs. These bans are blatant discrimination, and the Court should say so."
Signers included Reps. Alexandria Ocasio-Cortez of New York, Ilhan Omar of Minnesota, Rashida Tlaib of Michigan, and House Minority Leader Hakeem Jeffries of New York.
Senate Minority Leader Chuck Schumer did not join.
Idaho’s Fairness in Women’s Sports Act, enacted to reserve female athletics for biological females, faces challenge after a transgender-identifying male athlete sued to join Boise State University’s women’s cross-country team.
A lower court blocked the law.
West Virginia defends a similar statute against a lawsuit filed on behalf of a transgender-identifying middle-school student identified as B.P.J.
States ask the court to decide whether such laws violate the Equal Protection Clause or Title IX.
Hours after his inauguration, President Donald Trump signed an executive order titled "Defending Women from Gender Ideology Extremism and Restoring Biological Truth to the Federal Government."
The measure declares: "'Sex' is not a synonym for and does not include the concept of ‘gender identity."
The order warns that "invalidating the true and biological category of 'woman' improperly transforms laws and policies designed to protect sex-based opportunities into laws and policies that undermine them."
A companion order, "Keeping Men Out of Women’s Sports," directs federal agencies to interpret Title IX as excluding gender identity from the definition of sex.
The court’s 6-3 conservative majority has repeatedly ruled against transgender activist priorities this term.
Conversation