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A coalition of 130 congressional Democrats has filed an amicus brief with the Supreme Court, urging it to rule in favor of two trans athletes in upcoming cases involving the protection of women’s sports and national enforcement of Title IX.
The coalition, which includes nine senators and 121 House members, is led by Congressional Equality Caucus Co-Chair Rep. Becca Balint, D-V.T., and Congressional Equality Caucus Chair Teresa Leger, D-N.M. Fernández and Sen. Mazie Hirono, D-Hawaii.
The list of signatories includes prominent figures from the party’s left wing, 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 moderate Sen. John Fetterman, D-Pa., or Senate Minority Leader Chuck Schumer, D-N.Y.
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The 130 Democrats on the list are urging the court to side with Becky Pepper-Jackson, a trans teenager from West Virginia who successfully challenged the state law banning biological males from competing in women’s sports, and Lindsay Hecox, who successfully challenged a similar law in Idaho to compete on the Boise State women’s cross country team.
“Category bans, like those in West Virginia and Idaho, undermine these protections and the ability of transgender students to be part of their school communities,” the document writes.
Hirono wrote in an announcement of the brief: “All students deserve equal access to opportunities in schools, whether in the classroom, on the playground, or in other settings. No student should be discriminated against based on who they are.
“A categorical ban on transgender students participating in sports not only harms those students, but also subjects women and girls to harassment and discrimination, and leads to the surveillance of children’s bodies. This contradicts the very purpose of Title IX: to end discrimination in federally funded educational programs. These bans constitute blatant discrimination, and the Court should say so.”
Congressional Democrats are taking this position even as support for trans athletes in girls’ and women’s sports has emerged as a weakness for voters and a point of contention within the party over the last year.
LEGAL DEFENSE TO ‘SAVE WOMEN’S SPORTS’ GAINED RIGHT TO MAKE ARGUMENTS TO SCOTUS AMID TRANS ATHLETES DISPUTE
In January, a New York Times/Ipsos survey found that the vast majority of Americans, including a majority of Democrats, do not believe 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 Democratic-leaning, 67% said transgender athletes should not be allowed to compete with women.
What you need to know about both cases
The Little vs. Hecox and West Virginia vs. BPJ cases were each initially legal victories that allowed biological males to circumvent their state’s laws to compete with women. But now that the cases are set to be heard by the Supreme Court, a ruling could have a huge impact on the legality of trans athletes in women’s sports in the future.
Oral arguments will be heard 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 law blocking trans athletes from competing in women’s sports blocked.
Hecox was joined by an anonymous biological student, Jane Doe, who was concerned about the risk of being subjected to the gender dispute screening process. The challenge was successful when a federal judge blocked Idaho’s state law.
A panel of the 9th U.S. Circuit Court of Appeals upheld an injunction blocking the state law in 2023, before the Supreme Court agreed in July to hear the case. Hecox then asked SCOTUS last month to drop the challenge, saying the athlete “has therefore decided to permanently withdraw and refrain from playing women’s sports at BSU or 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, a presidential appointee 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 compete on the school’s sports teams. The 4th Circuit Court of Appeals ruled that the law violated Title IX and the Equal Protection Clause. The Supreme Court has now agreed to hear the state’s appeal.
In a response, the athlete’s mother, Heather Jackson, supported West Virginia law which 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 women. The Trump Administration and the West Virginia state government do not interpret Title IX to protect this right.
