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A coalition of 130 congressional Democrats filed an amicus brief with the Supreme Court urging it to rule in favor of two trans athletes in upcoming cases protecting women’s sports and national enforcement of Title IX.
The coalition, which includes nine senators and 121 members of the House, is led by Congressional Equality Caucus Co-Chair Rep. Becca Balint, DV.t., Democratic Women’s Caucus Chair Representative Teresa Leger Fernández, DN.M., and Sen. Mazie Hirono, D-Hawaii.
The list of signatories features prominent figures on the party’s left, including Reps. Alexandria Ocasio-Cortez, D-N.Y., and Ilhan Omar, D-Minn. The list also includes House Minority Leader Hakeem Jeffries and Rep. Nancy Pelosi. The list does not include noted moderate Sen. John Fetterman, D-Pa., or Senate Minority Leader Chuck Schumer, DN.Y.
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The 130 Democrats on the list urged the court to side with Becky Pepper-Jackson, a trans teenager from West Virginia who successfully challenged the state’s law barring biological males from competing in girls’ sports, and Lindsay Hecox, who successfully challenged a similar law in Idaho to compete on Boise State’s women’s team.
“Categorical bans — such as the bans in West Virginia and Idaho — undermine these protections and the ability of transgender students to be part of their school community,” the brief states.
Hirono wrote in a statement about the brief: “All students deserve equal access to opportunities in schools — whether in the classroom, on the playground or in any other setting. No student should be discriminated against based on who they are.
“A categorical ban on transgender student participation in sports not only harms those students, but also exposes women and girls to harassment and discrimination, and leads to policing of children’s bodies. This defeats the very purpose of Title IX: to stop discrimination in federally funded educational programs. These bans are blatant discrimination, and the court should say so.”
Congressional Democrats are taking this stance even as support for trans athletes in women’s and girls’ sports has emerged as a weakness for voters and a point of contention within the party over the past year.
LEGAL DEFENSE TO ‘SAVE WOMEN’S SPORTS’ GIVES RIGHT TO ARGUMENT TO SCOTUS MIDDLE TRANS ATHLETE
In January, a New York Times/Ipsos survey found that the vast majority of Americans, including a majority of Democrats, do not believe that transgender athletes should be allowed to compete in women’s sports.
Of the 2,128 people who participated, 79% said biological males who identify as female should not be allowed to participate in women’s sports. Of the 1,025 people who identified as Democrats or leaning Democrats, 67% said transgender athletes should not be allowed to compete with women.
What to know about the two cases
The cases of Little vs Hecox and West Virginia vs BPJ were each initially legal victories that allowed biological males to circumvent their state’s laws to compete against females. But now that the cases are set to be heard by the Supreme Court, a ruling could have a far-reaching impact on the legality of trans athletes in women’s sports going forward.
The cases are set for oral arguments on January 13 in Washington, DC
The Little v. Hecox lawsuit was originally filed by trans athlete Lindsay Hecox in 2020 when the athlete wanted to join the Boise State women’s cross country team and had the state’s law barring trans athletes from competing in women’s sports blocked.
Hecox was joined by an anonymous female biology student, Jane Doe, who was concerned about the potential of being exposed to the verification process for the sex dispute. The challenge was successful when a federal judge blocked Idaho’s state law.
A 9th US Circuit Court of Appeals panel upheld a ban blocking the state law in 2023 before the Supreme Court agreed in July to hear the case. Hecox then asked the court last month to drop the challenge, claiming the athlete “therefore has decided to permanently retire and refrain from playing women’s sports at BSU or in Idaho.”
Hecox tried to have the case dismissed in September after the Supreme Court agreed in July to hear the case, but U.S. District Judge David Nye, appointed by the president Donald Trump in 2017 denied Hecox’s motion to dismiss the case.
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The West Virginia v. BPJ lawsuit was brought against the state of West Virginia by trans athlete Becky Pepper-Jackson, who initially obtained a preliminary injunction allowing the athlete to participate on the school’s sports team. The 4th Circuit Court of Appeals ruled that the law violated Title IX and the Equal Protection Clause. Now the Supreme Court has agreed to hear the state’s appeal.
In a response card, the athlete’s mother, Heather Jackson, argued West Virginia law that prohibits transgender athletes from competing in women’s sports violates Title IX.
However, Title IX does not explicitly protect the right of biologically male transgender people to identify as female. The Trump administration and the West Virginia state government do not interpret Title IX to protect this right.
