{"id":4945,"date":"2026-07-05T10:39:03","date_gmt":"2026-07-05T10:39:03","guid":{"rendered":"https:\/\/relocationtimess.com\/?p=4945"},"modified":"2026-07-05T10:39:03","modified_gmt":"2026-07-05T10:39:03","slug":"how-the-supreme-court-has-changed-on-transgender-rights-since-2020","status":"publish","type":"post","link":"https:\/\/relocationtimess.com\/?p=4945","title":{"rendered":"How the Supreme Court has changed on transgender rights since 2020"},"content":{"rendered":"
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\n In 2020, when the Supreme Court declared that transgender workers were covered by federal anti-discrimination law, the opinion authored by Justice Neil Gorsuch marked a legal breakthrough.\n <\/p>

Read more Paul Pelosi involved in hit and run in California and could face charges, authorities say<\/a><\/p>\n

\n The case extended Title VII of the 1964 Civil Rights Act to gay and lesbian workers as well transgender employees. Gorsuch, who uses a textualist method, wrote that the law barring discrimination \u201cbecause of \u2026 sex\u201d covered a transgender woman who was fired from her position at a Michigan funeral home.\n <\/p>\n

\n The decision was a surprise at many levels, including that it was written by President Donald Trump\u2019s first appointee to the court. Gorsuch was joined by conservative Justice John Roberts and the then-four liberal justices. That outcome was so resisted by right-wing interests that when Gorsuch\u2019s vote leaked to some news media months before the decision was issued, conservative editorial writers tried to pressure Gorsuch to reconsider.\n <\/p>\n

\n Yet the ruling did not mark a revolution for trans rights. The changing court and politics ensured that.\n <\/p>\n

\n Last Tuesday\u2019s 6-3 Supreme Court decision upholding state laws that forbid trans women from playing on female sports teams reflects the national trend since 2020 and the justices\u2019 reinforcement of the pattern.\n <\/p>\n

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\nA pediment of the U.S. Supreme Court, on the day justices have issued orders, in Washington, D.C., U.S., June 29, 2026. REUTERS\/Cheney Orr<\/span>\n<\/div>\n
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\nSupreme Court upholds transgender sports bans: What to know and what\u2019s next<\/span>\n<\/p>\n

9 min read<\/div>\n<\/div>\n<\/section>\n<\/div>\n

\n Last year, the same 6-3 court let states block certain medical care for trans youth. In recent months, the court has also permitted Trump to dismiss transgender servicemembers from the military and allowed the administration to require the sex designation on US passports align with an individual\u2019s biological sex.\n <\/p>\n

\n \u201cLaw is being used to scapegoat transgender people,\u201d said Columbia University law professor Suzanne Goldberg, who has worked on LGBTQ issues since the 1990s. \u201cWe can see it in restrictions that cordon off transgender people from almost every area of civic life, in schools, in getting a passport, from serving in the military, in getting healthcare.\u201d\n <\/p>\n

\n Transgender individuals make up about 1% of the US population, but they have become an outsized target on the political scene and as a subject of state litigation. Trump ran against trans and LGBTQ interests in his 2024 campaign. Republican backers put up a campaign ad denouncing Vice President Kamala Harris for liberal LGBTQ attitudes that closed with, \u201cKamala is for they\/them. President Trump is for you.\u201d\n <\/p>\n

\n States anti-trans laws have multiplied. Over the past six years, that prohibit transgender women from participating in women\u2019s sports.\n <\/p>\n

\n From the bench and in his opinion for the majority, Justice Brett Kavanaugh emphasized concerns of safety and unfair competition, after referring to \u201cthe undisputed proposition that biological males generally possess inherent physical advantages in sports.\u201d\n <\/p>\n

\n That message regarding safety was adopted by some beyond the court who praised the new ruling. First lady Melania Trump said in a social media post on X, \u201cAs many of you know, I fully support the LGBTQIA+ community. But we must also ensure that our female athletes are protected and respected.\u201d\n <\/p>\n

\n Recent Supreme Court cases involving young people have exacerbated the strains among justices. As Kavanaugh spoke of girls training hard and savoring their accomplishments, dissenting Justice Sonia Sotomayor lamented the trans girls denied a similar competitive experience.\n <\/p>\n

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\u2018A huge victory for common sense\u2019: West Virginia Atty General reacts to Supreme Court ruling on transgender athletes\n <\/div>\n
\n\n \n \n \n \n 4:10\n <\/span>\n \u2022 Source:\n \n CNN\n<\/span>\n<\/div>\n<\/div>\n
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\u2018A huge victory for common sense\u2019: West Virginia Atty General reacts to Supreme Court ruling on transgender athletes<\/div>\n<\/div>\n
\n \n \n \n 4:10\n<\/span>\n<\/div>\n<\/div>\n<\/div>\n<\/div>\n<\/div>\n<\/div>\n

\n The majority overturned lower court decisions that had favored trans interests. The majority said the specific bans from West Virginia and Idaho violated neither Title IX of federal education law nor the Constitution\u2019s equality guarantee. All nine justices generally agreed on the first Title IX judgment but divided on the important constitutional question.\n <\/p>\n

\n \u201cSeparate sports teams for biological males and biological females are reasonable,\u201d . \u201cGiven the inherent physical differences between the sexes, allowing only biological females to play on women\u2019s and girls\u2019 teams can reduce the risk of physical injury and ensure fair competition.\u201d\n <\/p>\n

\n Everything\u2019s changed since 2020\n<\/h2>\n

\n In 2020, people on both sides of the issue had touted the possibility that Bostock\u2019s force would extend to other areas of the law but its sails have been trimmed.\n <\/p>\n

\n The composition of the Supreme Court has evolved, as the late liberal Justice Ruth Bader Ginsburg was succeeded by conservative Amy Coney Barrett in October 2020.\n <\/p>\n

\n Public attitudes have changed, too. The most recent Pew Research study of trans issues, published last year, found the majority of Americans support restrictions on trans people \u2013 and that such support for restrictions has been increasing. Most of the survey respondents (66%) favored requiring trans athlete to compete on teams that match their sex assigned at birth, and most (56%) supported laws banning health care professionals from providing care related to gender transitions for minors.\n <\/p>

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\nThe US Supreme Court is seen on June 30, 2026 in Washington, DC. The Justices ruled 6-3 to uphold birthright citizenship, striking down President Trumps executive order that declared that children born to people who are in the US illegally or temporarily are not American citizens.<\/span>\n<\/div>\n
Samuel Corum\/Sipa USA\/AP<\/figcaption>\n<\/div>\n<\/div>\n<\/div>\n<\/div>\n<\/div>\n
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\nHow the Supreme Court expanded Trump\u2019s power<\/span>\n<\/p>\n

9 min read<\/div>\n<\/div>\n<\/section>\n<\/div>\n

\n The court has also spurned arguments that would extend the anti-discrimination principles of the Bostock decision to new Trump administration policies, for example, on the passport rules.\n <\/p>\n

\n Although challengers continually invoke Bostock for trans rights beyond the employment sphere, the current majority has shown no interest in taking the case further.\n <\/p>\n

\n Last year, when the court majority upheld state bans on puberty blockers, hormones and other such gender-transition treatments, Roberts cited states\u2019 interest in safeguarding medical care for teens and children and said the court didn\u2019t need to consider if Bostock applied \u201cbeyond the Title VII context.\u201d\n <\/p>\n

\n \u201cThis case carries with it the weight of fierce scientific and policy debates about the safety, efficacy, and propriety of medical treatments in an evolving field,\u201d Roberts concluded in the Tennessee dispute of \u201c\u2026 (W)e leave questions regarding its policy to the people, their elected representatives, and the democratic process.\u201d\n <\/p>\n

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Attorney for transgender athletes reacts to Supreme Court upholding state bans\n <\/div>\n
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Attorney for transgender athletes reacts to Supreme Court upholding state bans<\/div>\n<\/div>\n
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\n Gorsuch has also shown no public desire to expand his landmark decision from six years ago.\n <\/p>\n

\n Last Tuesday, Gorsuch wrote separately to emphasize that the new ruling in West Virginia v. BPJ, which he joined, did not conflict with the Bostock.\n <\/p>\n

\n \u201c(I)t is a mistake to assume that, just because firing someone in part because of his biological sex amounts to unlawful discrimination in violation of Title VII,\u201d Gorsuch said, \u201cSponsoring a single-sex sports team limited to biological women or girls must also amount to unlawful discrimination in violation of Title IX.\u201d\n <\/p>\n

\n Looking ahead\n<\/h2>\n

\n Trump\u2019s executive order banning trans women\u2019s participation in women\u2019s sports \u2013 signed soon after he returned to the White House \u2013 also hung in the backdrop of last Tuesday\u2019s case. The US solicitor general\u2019s office, which sided with West Virginia and Idaho, told the court at start of its written filing that the Trump administration opposes \u201cmale competitive participation in women\u2019s sports \u2026 as a matter of safety, fairness, dignity, and truth.\u201d\n <\/p>\n

\n The US solicitor general argued in its brief that those state laws put trans athletes \u201con the same valid, biology-based terms as everyone else. That is the definition of equal treatment. It is not gender-identity discrimination at all, much less sex discrimination.\u201d\n <\/p>\n

\n The cases were brought by Lindsay Hecox, a Boise State University senior who competed for women\u2019s soccer and track teams, and by Becky Pepper-Jackson, seeking to participate on middle school and high school track teams in West Virginia.\n <\/p>\n

\n Sotomayor noted in her dissent that Becky Pepper-Jackson says she lacks the usual athletic advantage of boys because she received early medical treatments to prevent the experience of male puberty. Sotomayor, joined by fellow liberal Justices Elena Kagan and Ketanji Brown Jackson, wanted the West Virginia dispute sent back to a US district court for further fact-finding.\n <\/p>\n

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\nBecky Pepper-Jackson, 15, who competes in shot put and discus on her high school team, holds her mother’s, Heather Jackson, hand outside the U.S. Supreme Court, in Washington, D.C. on January 13, 2026.<\/span>\n<\/div>\n
Tyrone Siu\/Reuters<\/figcaption>\n<\/div>\n<\/div>\n<\/div>\n<\/div>\n

\n After Tuesday\u2019s ruling, Shannon Minter, legal director of the National Center for LGBTQ Rights, called the ruling a \u201csetback,\u201d but emphasized that the decision still allows states to adopt policies letting trans students compete on teams that align with their gender identity.\n <\/p>\n

\n Momentum, however, is going in the opposite direction. The Department of Justice has sued California and other states that allow transgender students to play on the team of their choice. Last year, the NCAA banned trans women from competing in women\u2019s sports last year, and in March the International Olympic Committee did the same for its female category.\n <\/p>\n

\n In her dissent, Sotomayor observed that such prohibitions deny trans women the many positive experiences, such as resilience and tenacity, that sports provide for young people.\n <\/p>\n

\n \u201cSports, of course, are often zero sum,\u201d she wrote, picking up the \u201czero sum\u201d phrase Kavanaugh had used multiple times in his opinion, \u201cbut the law need not and should not be.\u201d\n <\/p>

Read more America held a big birthday party \u2014 and a soccer extravaganza broke out<\/a><\/p>\n<\/div>\n<\/div>","protected":false},"excerpt":{"rendered":"

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