Youth's Lives Every Day
In the coming months, the Supreme Court of the United States will issue a ruling on West Virginia v. B.P.J. and Little v. Hecox, two cases centered on challenges brought by transgender students against state laws that prohibit transgender women and girls from playing on school sports teams that match their gender identity.
The key question in both cases asks whether or not these state bans violate Title IX, the federal law that prohibits sex discrimination in school programs. Previously, federal courts have blocked the enforcement of both laws – and, now, it is up to the justices to make a final decision.
Here’s what you need to know:
What is the West Virginia v. B.P.J. case about?
The West Virginia v. B.P.J case centers on an 11-year-old (now 15-year-old) West Virginian named Becky Pepper-Jackson and her family. In 2021, West Virginia passed a law (House Bill 3293) banning transgender girls and women from participating on girls’ school sports teams, from middle school through college. Because she is transgender, Becky was prohibited from joining her school’s running team – and her family took legal action to challenge the state law. Becky’s family successfully blocked House Bill 3293 in the lower courts, however, the state asked the Supreme Court to overturn the lower court’s decision, and re-litigate the case at our country’s highest judicial level.
It’s important to note that Pepper-Jackson is the only openly transgender athlete in the state of West Virginia.
What is the Little v. Hecox case about?
In 2020, Idaho became the first state in the U.S. to pass a law banning transgender girls and women from participating in school sports (House Bill 500). In response, Lindsay Hecox, a transgender student at Boise State University who wanted to join the school’s track team, sued the state on the grounds that the law violated Title IX.
Lindsay was joined in the suit by a cisgender high school athlete known only as “Jane Doe.” Jane Doe requested anonymity, for fear that her sex might be “disputed.”
How many states ban transgender youth from playing sports in the United States?
While Idaho was the first state to pass a ban on transgender participation in school sports in 2020, many other states have followed suit since.
Presently, 27 states have laws in place that ban transgender students from participating in school sports consistent with their gender identity. Conversely, 21 states, 5 territories, and D.C. have no such laws.
Learn more about the policies in each state by exploring the Movement Advancement Project’s interactive map on transgender youth participation in sports.
What does the research say about LGBTQ+ youth participating in sports?
The Trevor Project’s research on LGBTQ+ youth sports participation found that fewer than one in three LGBTQ+ young people ages 13-24 reported participating in sports across the U.S. Thirty-two percent reported that they had ever participated in sports for a school, community league, or club, compared to 68% who said they never participated. Of those who did not participate, a number of respondents reported that they chose not to for reasons related to fear of discrimination.
LGBTQ+ youth who said they did play sports reported a variety of positive reasons for doing so, including connecting with friends and teammates, opportunities for fitness and health, and the fun of participation. Many LGBTQ youth who play sports describe sports as supporting their mental health, helping them cope with stress, and distracting them from negative thoughts.
How do anti-transgender laws, like those in these cases, impact transgender young people’s mental health?
The 2024 U.S. National Survey on the Mental Health of LGBTQ+ Young People found 90% of LGBTQ+ youth said their well-being was negatively impacted due to recent politics. In addition, nearly half (45%) of transgender and nonbinary youth reported that they or their family have considered moving to a different state due to anti-LGBTQ+ politics and laws.
The Trevor Project’s researchers published a peer-reviewed study in the journal, Nature Human Behaviour that found anti-transgender state laws – such as those considered in these Supreme Court cases – directly caused significant increases in suicide attempts among transgender and nonbinary youth living in those states. The study examined the causal relationship between these laws and suicide risk over a five-year time period, usingy data collected from more than 61,000 transgender and nonbinary youth across the U.S. After controlling for other factors, study results concluded that anti-transgender state laws directly increased incidents of past-year suicide attempts among transgender and nonbinary youth by as much as 72%.
What will happen next with West Virginia v. B.P.J. and Little v. Hecox?
While there is no set date or time for a decision, it’s expected that justices will share their ruling before the end of the current term in June 2026.
If the Supreme Court upholds these challenges, following lower court decisions…
It’s possible that they could determine Title IX protects the rights of all transgender students to participate equally in sports. The Court may also release a more narrow ruling, protecting participation in sports to a small subset of transgender student athletes, such as those of similar ages and experiences to the petitioners in this case.
If the Supreme Court rejects these challenges…
The Court may decide that Title IX does not apply to transgender students’ participation in sports, effectively greenlighting discrimination against transgender student athletes, and leaving the bans in West Virginia and Idaho in effect.
There are various forms this type of decision may take, with some being very narrow and focusing on sports specifics, while others may have broader implications for how discrimination against transgender youth in the U.S. is both defined and addressed.
The Trevor Project will continue to monitor these cases closely, and include updates as available.
For any LGBTQ+ young person navigating difficult news on these topics, or any others, please reach out to The Trevor Project’s trained crisis counselors for support, anytime, 24/7/365. Visit TheTrevorProject.org/Get-Help to connect with a counselor today.
