TBA Law Blog


Posted by: Julia Wilburn on Jan 14, 2026

The U.S. Supreme Court on Tuesday heard arguments from Idaho and West Virginia on decisions by lower courts finding that laws banning transgender students from participating on sports teams that align with their preferred gender violate the U.S. Constitution and federal anti-discrimination law. Twenty-five other states, including Tennessee, have similar laws on the books. Reuters reports that the challengers argued that the Idaho and West Virginia measures discriminate based on an individual's sex or status as a transgender person in violation of the Constitution's 14th Amendment guarantee of equal protection under the law, as well as Title IX, which bars discrimination in education "on the basis of sex." Defenders of the bans said they are valid regardless of individual circumstances, and that physical advantages remain for trans women athletes despite medical treatments, making their participation in women's sports unfair.