The Supreme Court’s conservative justices signaled today that they are prepared to side with states that have enacted bans on transgender athletes playing on girls’ sports teams.
But several of them also appeared wary of the potential spillover effects and seemed to be searching for a limited outcome.
Led by Justice Brett Kavanaugh and Chief Justice John Roberts, several members of the court’s conservative wing raised technical concerns about the positions of the LGBTQ advocates and signaled that they might undo lower court decisions in favor of the transgender athletes and ask those courts to take another look at the issue.
“For the individual girl who does not make the team or doesn’t get on the stand for the medal, or doesn’t make all-league, there’s a harm there,” said Kavanaugh, a conservative, at one point during more than three hours of arguments. “And I think we can’t sweep that aside.”
“One of the great successes in America over the last 50 years has been the growth of women and girls’ sports. And it’s inspiring,” said Kavanaugh, who for years coached his daughter’s basketball team and emphasized that during his confirmation hearings in 2018.
In one notable moment, Roberts suggested that the logic of a blockbuster 2020 precedent that protects gay and transgender employees from discrimination doesn’t apply to the sports cases, signaling that he is prepared to undermine a central argument from LGBTQ advocates.
Earlier, Roberts indicated skepticism for what he called a transgender “exception” to sex-based laws. Combined, his statements could show where the cases are headed.
The two transgender plaintiffs who challenged the state laws — Lindsay Hecox in Idaho and Becky Pepper-Jackson in West Viriginia — started off at a disadvantage on a 6-3 conservative court that has repeatedly sided against LGBTQ interests over the past five years.
A decision is expected by the end of June.