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States can block transgender athletes from playing on girls鈥� and women鈥檚 sports teams, the U.S. Supreme Court ruled Tuesday, handing the Trump administration a victory in its effort to enforce such restrictions. 

In a 6-3 decision, the conservative court said that West Virginia and Idaho did not break the law when they passed legislation prohibiting trans athletes from competing against biological women and girls. 

Becky-Pepper Jackson, a transgender 10th grader and track athlete in West Virginia, argued that such regulations are 鈥渦nreasonable.鈥� 

鈥淲e disagree,鈥� Justice Brett Kavanaugh , bringing his perspective as a girls鈥� to the case. 鈥淪eparate sports teams for biological males and biological females are reasonable: Given the inherent physical differences between the sexes, allowing only biological females to play on women鈥檚 and girls鈥� teams can reduce the risk of physical injury and ensure fair competition.鈥�

Attorneys who represented Jackson and Boise State University transgender student Lindsay Hecox called the opinion a 鈥渉eartbreaking ruling鈥� and 鈥渄eeply harmful.鈥� The decision, however, doesn鈥檛 settle an ongoing legal debate over whether Title IX requires that participation in sports be based on biological sex determined at birth.聽

鈥淚’m not terribly surprised by the outcome, given the court鈥檚 opinions in the last year,鈥� said Jenny Denny, a California-based attorney specializing in education and Title IX compliance. 鈥淚 think we could read the writing on the wall.鈥�

Last year, the court upheld a Tennessee law prohibiting gender affirming care for minors, and in April, conservatives sided with California parents who argued that districts should alert parents if their child wants to change their gender identity.

But she said the court鈥檚 opinion did not redefine Title IX to suit the administration. 

鈥淯sing a sports analogy, which is fitting for today, it’s not a slam dunk for the U.S. Department of Education,鈥� she said. 鈥淚 think we’ll see the Department of Education cherry pick some language from the opinion today, but it still doesn’t give a clear answer.鈥�

The decision doesn鈥檛 prevent states like California from maintaining policies that allow trans athletes to compete in line with their gender identity. But it also means the administration will likely continue its to prevent trans-inclusive policies through and threats to strip federal education funds from districts. 

Education Secretary Linda McMahon suggested as much in her comments on the ruling.

鈥淭his is a tremendous victory,鈥� she said, 鈥渁nd we look forward to ensuring that every educational institution in America abides by the law of the land.鈥� 

The department鈥檚 enforcement actions have been based on an President Donald Trump signed last year, but now officials will likely apply the court鈥檚 opinion to any future effort to rewrite the Title IX rule, said Joshua Dunn, executive director of the Institute of American Civics at the University of Tennessee, Knoxville. He frequently writes legal commentary for EdNext. 

He agreed that whether Title IX allows schools to include trans athletes in girls鈥� sports is still 鈥渁n open question.鈥�

Beth Parlato, senior legal counsel for the conservative Independent Women鈥檚 Law Center, called the opinion a 鈥渉uge win,鈥� but added, 鈥淭here鈥檚 more work to do.鈥�

Congress, she said, needs to 鈥渄o its job鈥� and pass legislation that would apply to all states.

In a partial dissent, Justice Sonia Sotomayor, joined by the other two liberals on the court,聽agreed with Kavanaugh on Title IX. But she said the majority should have sent Jackson鈥檚 case back to the lower courts for further 鈥渇actual findings about the state of the scientific debate鈥� under the equal protection claim.聽

鈥淎 restrained approach, based on all relevant facts, is particularly necessary when the court is faced with a consequential decision of constitutional dimension,鈥� she wrote.

While Jackson will likely not be able to compete in track this fall, Andrew Ortiz, senior policy attorney at the Transgender Law Center, said Tuesday鈥檚 decision won鈥檛 have a major impact. because there were already so few trans students participating in sports in the 28 states that tried to ban their participation. In those states, intramural sports and private schools, 鈥渃ould still be options,鈥� he said. While the cases now go back to the lower courts, he expects the states to 鈥減retty quickly鈥� prevail in their efforts to enforce their laws.

鈥楤ack of the pack鈥�

As is often the pattern, the justices released opinions with the most nationwide impact at the end of their term, one in which Trump鈥檚 agenda, from immigration reform to voting laws, has . While Hecox and Jackson challenged the laws in their states before Trump took office, the administration took part in the case, arguing that states shouldn鈥檛 have to carve out a special exception for transgender athletes even if, as their attorneys argued, their physical advantages have been diminished by puberty blockers or drugs to suppress testosterone.

In fact, several months after the oral arguments, Michael R. Williams, West Virginia鈥檚 solicitor general, argued that the opposite is happening. In May, he that Jackson finished fourth in discus and first in shot put in a statewide track and field competition. 

鈥淎s a high-school sophomore, B.P.J. is not finishing 鈥榥ear the back of the back,鈥� 鈥� , referencing the from Jackson鈥檚 legal team in the case. Jackson 鈥渋s instead defeating every 鈥� or nearly every 鈥� female in the state in these events.鈥�

But LGBTQ advocates, like the , argue that because transgender athletes represent such of students participating in sports, it鈥檚 misleading to say they are dominating competitions or 鈥渟tealing鈥� first place medals from women and girls. 

The debate continued at the appeals court level even while the Supreme Court deliberated in the West Virginia and Idaho cases.

In April, the U.S. Court of Appeals for the Eighth Circuit an advocacy group, , in their argument that a Minnesota policy is discriminatory because it allows trans athletes to compete in sports consistent with their gender identity. 

The court said that Trump鈥檚 executive order and the administration鈥檚 actions against states and districts didn鈥檛 settle the legal dispute over the issue. 

鈥淭he executive branch鈥檚 views on that question may guide its own enforcement approach,鈥� wrote Raymond Gruender, a George W. Bush appointee. 鈥淏ut they cannot independently establish a 鈥榮trong likelihood鈥� that [the athlete鈥檚] participation violated Title IX or its implementing regulations.鈥�

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