Exclusion of trans people in sports decided by US court

Richter Brett Kavanaugh justified the majority decision with safety aspects and fair competition – and referred to physical differences between men and women. Neither the principle of equal treatment in the constitution nor a federal law that prohibits discrimination based on gender in the education sector would conflict with the decision that has now been made.

The majority also ruled that states do not have to conduct case-by-case assessments for trans athletes who have taken puberty blockers or hormones. Such assessments are hardly practical – legislators and schools are better suited to make the necessary considerations.

Important legal questions remain open

The three judges, who were considered liberal, disagreed with the decision. Sonia Sotomayor accused the conservative majority of undermining the principle of equal treatment and excluding trans students from school sports. However, the court left open the reverse question of whether states should still allow trans athletes to participate in sports. This question was not the subject of the proceedings, it said in the judgment.

US President Donald Trump hailed the verdict as a “great victory”. The Supreme Court has ruled against “men in women’s sports,” he wrote on his Truth Social platform. This means that this “ridiculous situation” is off the table.

The ruling is one of the Supreme Court’s most far-reaching decisions to date on the rights of trans people. In recent years, according to the court, 27 US states have passed laws that exclude trans people from women’s and girls’ sports. With the decision, the highest court strengthens their legal basis.