A coalition of 130 congressional Democrats filed an amicus brief Wednesday asking the Supreme Court to rule in favor of two transgender athletes challenging state bans on trans participation in women’s sports.
According to Fox News, the cases could have major implications for the interpretation and enforcement of Title IX nationwide.
The brief is led by Congressional Equality Caucus Co-Chair Rep. Becca Balint, D-Vt., Democratic Women’s Caucus Chair Rep. Teresa Leger Fernández, D-N.M., and Sen. Mazie Hirono, D-Hawaii.
Among the signees are prominent progressive lawmakers like Reps. Alexandria Ocasio-Cortez, D-N.Y., and Ilhan Omar, D-Minn., alongside House Minority Leader Nancy Pelosi and Rep. Hakeem Jeffries. Notably absent from the list were Senate moderates, including Sen. John Fetterman, D-Pa., and Senate Minority Leader Chuck Schumer, D-N.Y.
The brief supports Becky Pepper-Jackson of West Virginia and Lindsay Hecox of Idaho. Both athletes previously won preliminary court rulings allowing them to compete in girls’ and women’s sports despite state laws prohibiting it.
“Categorical bans—such as the bans in West Virginia and Idaho—undermine those protections and the ability of transgender students to be part of their school community,” the brief states.
Hirono emphasized the broader stakes for students nationwide. “All students deserve equal access to opportunity in schools—whether in the classroom, on the playing field, or in other settings. No student should be discriminated against based on who they are,” she said.
She added, “A categorical ban on transgender students participating in sports not only harms these students, but also subjects women and girls to harassment and discrimination, and leads to the policing of children’s bodies. These bans are blatant discrimination, and the Court should say so.”
The brief comes amid growing public skepticism about transgender athletes in women’s sports.
A New York Times/Ipsos poll in January found that 79% of Americans, including 67% of Democrats, oppose allowing biological males who identify as female to compete in women’s sports.
Little v. Hecox and West Virginia v. B.P.J. had previously blocked state laws in Idaho and West Virginia. Hecox sought to compete on Boise State’s women’s cross-country team, while Pepper-Jackson successfully challenged West Virginia’s law, which the 4th Circuit ruled violated Title IX and the Equal Protection Clause.
The Supreme Court is set to hear oral arguments in both cases on Jan. 13, raising the possibility of a landmark decision affecting the participation of transgender athletes across the United States.
