NYCLU on Supreme Court Upholding Transgender Student Sports Bans in West Virginia and Idaho

New York Law Still Protects Trans Students

NEW YORK – Today, the U.S. Supreme Court in West Virginia v. B.P.J. and Little v. Hecox ruled that state laws banning transgender girls from participating in all school sports do not violate the Equal Protection Clause of the Constitution or Title IX, which prohibits sex discrimination in schools receiving federal funding. Importantly, the Court’s ruling is limited to the context of athletics, and it explicitly only holds that states may create exclusions in sports for transgender athletes under federal law, not that they must. The decision does not implicate the rights of transgender students in New York, who are protected by state laws that go beyond Title IX’s and the federal Constitution’s protections.

In response, the New York Civil Liberties Union released the following statement attributable to Executive Director Donna Lieberman:

“The court’s decision is an attack on young transgender women and girls around the country who just want to participate in student athletics, compete on a team, have fun with their peers, and be treated with the same dignity and respect as anyone else. The Supreme Court is allowing politicians to mandate discrimination against transgender people. While the ruling is limited in important ways–since it only addresses the context of sports, and it explicitly does not prohibit states like New York from creating protections that go beyond federal law–it will nevertheless embolden more transphobic policies in an attempt to erase trans kids and their existence from daily life.

“It is critical that all New Yorkers know, as bad as this decision is, New York still has laws to protect trans people from discrimination which today’s ruling doesn’t touch. In New York, it remains illegal for public schools to discriminate against students because of their gender identity or expression. Trans students continue to have the right to participate on athletic teams and in sports as well as the right to use facilities consistent with their gender identity.

“Trans people belong everywhere, including in sports. Blanket bans excluding kids are not only cruel and unfair, but also rob children of the opportunity to learn teamwork, dedication, and perseverance. The NYCLU will continue to defend the rights of transgender youth to participate in all aspects of life as their authentic selves, free from harm and discrimination.”

Under New York law, including the state’s Human Rights Law, antidiscrimination laws, Gender Expression Non-Discrimination Act (GENDA), Dignity for All Students Act (DASA), and the NY Equal Rights Amendment, it has long been illegal for schools to discriminate based on a student’s gender identity or expression. For over a decade, if not longer, it has been the undisturbed status quo statewide that students have the right to go by their chosen name and pronouns, express their gender, participate in sports and other activities aligned with their gender, use restrooms and other facilities aligned with their gender, and update the name and gender on their records. New York’s Attorney General and the State Education Department have recently reaffirmed that schools must continue to comply with state law protections for trans students.