(WASHINGTON) — The Supreme Court on Tuesday will for the first time wade into the heated national debate over whether transgender girls should be allowed to participate in girls’ and women’s sports.
The justices will hear arguments in a pair of cases from Idaho and West Virginia, where federal courts have blocked state laws that would prohibit trans girls from participating on teams consistent with their gender identity.
The outcome of the cases will determine the fate of those laws and similar measures in 27 other states. There are an estimated 122,000 transgender American teens who participate in high school sports nationwide, according to the Williams Institute at UCLA Law School.
Lower courts have concluded separately that the bans discriminate “on the basis of sex” in violation of Title IX, the landmark civil rights law that has promoted equal opportunities for women and girls in athletics, and the Constitution’s Equal Protection Clause.
The states are asking the justices to overturn those decisions and reinstate their laws, arguing that sex and gender identity are not synonymous when it comes to women’s athletics and that allowing transgender girls to compete against cisgender girls is unfair and unsafe.
“It really comes down to one simple question,” said West Virginia Attorney General John McCuskey in an interview with ABC News. “Is it legal and constitutional for states to delineate their athletic playing fields based on the immutable physical characteristics that people have that are associated with their sex that’s assigned at birth?”
Becky Pepper Jackson, a high school sophomore from Bridgeport, West Virginia, who competes in discus and shot put on the track and field team, brought the legal challenge to her state’s law in 2021. She is the only known openly trans athlete in West Virginia in any sport.
“Someone has to do it. Someone has to do this for all of us,” Becky, 15, told ABC News in an exclusive interview. “Otherwise these laws and bills are just going to stand.”
Transgender athletes make up just over 1% of the more than 8 million teenage student athletes nationwide, according to the Williams Institute.
Idaho college student Lindsay Hecox, a former track and cross-country runner who was barred from trying out for her school teams, sued over her state’s ban in 2020. Last year, she asked the court to drop her case because she no longer wished to compete in sports and didn’t want to be in the spotlight. However, Idaho fought to keep the case alive.
“Everyone has had the experience of being told, look, you can’t play. You have to sit on the bench, or you can’t make the team. And everyone knows how that feels,” said Sasha Jean Buchert, an attorney with Lambda Legal, an LGBTQ advocacy group involved with the cases.
“That’s what’s happening to transgender kids right now,” Buchert said. “And the scope of [these bans] is absolutely absurd.”
Becky, who has openly identified as a girl since third grade, said she has never undergone male puberty, thanks to puberty-blocking medication, and has no physiological advantage over her peers.
“She has testosterone from her adrenal glands just like every female out there, but that’s the only testosterone she has,” said her mother, Heather Jackson. “She’s actually not the biggest person on her team. There’s people taller than her; there’s people shorter than her. She’s just an average female teenager.”
As a young cross-country runner, Becky was consistently at the back of the pack. More recently, she earned a spot in the state championship for discus and shot put, where she placed third and eighth, respectively.
“I put in time over the summer and after practices just trying to improve my technique and get better,” she said.
Her performance at an eighth grade track meet in 2024 drew protests from other athletes who claimed she made them uncomfortable in the locker room and on the field.
“I just didn’t think it was right,” said Sabrina Shriver, 16, a former discus thrower who refused to compete against Becky at the meet and later quit the sport because of her participation in the league. “It was just, I don’t know, we all just felt uncomfortable and we’re just, we didn’t want any part of it.”
The competitive advantage boys and men have physically over girls and women has been well established in physically demanding sports by medical research and serves as a primary basis for distinctions between the sexes in athletics.
Studies have shown testosterone produced during male puberty does lead to more muscle mass, larger hearts and lungs, greater body height and longer limbs on average for boys and men, according to the American College of Sports Medicine.
Before puberty, however, “sex differences in athletic performance are minimal,” the group says research shows.
A key issue in the West Virginia case is a dispute over whether Becky, 15, possesses an advantage at all, given she has not undergone male puberty, takes estrogen supplements and does not produce high levels of testosterone.
“If [sports leagues] look at the medical records of individuals like the Olympic committee does, testing people — they test for performance enhancing medications or drugs that their athletes take — so if we can look at those levels, let’s look at her levels,” Heather Jackson said.
McCuskey says a testing regimen is just not practicable and that Becky can still compete, but on a boys team. “We have to be able to draw a line here,” he said.
“Becky is bigger and stronger and faster than the females that she’s competing against,” said the attorney general.
He has urged the Supreme Court to stay out of the debate, arguing in a court brief that West Virginia’s law “implicates ‘fierce scientific and policy debates’ that elected legislators are best able to resolve.”
The U.S. Olympic Committee, the NCAA and 29 states ban transgender girls and women from competing on teams consistent with their gender identity. The other 21 states do not have bans, including California and New York, which have laws explicitly allowing trans athletes to compete.
Last year, the Supreme Court’s conservative majority upheld a Tennessee law banning some gender-affirming medical treatments for transgender minors, rejecting claims that the law discriminated “on the basis of sex” and saying that states should have leeway to regulate health care in an area of scientific uncertainty.
In 2020, however, the Court concluded in a landmark decision that a Michigan transgender woman fired by her employer for being transgender was discriminated against “on the basis of sex” under Title VII of the Civil Rights Act of 1964.
Justice Neil Gorsuch explained in his majority opinion that her termination was “for traits or actions it would not have questioned in members of a different sex.”
Becky, Lindsay, and their attorneys with the American Civil Liberties Union and Lambda Legal say the same reasoning should be applied to sports bans.
“There’s been a number of setbacks that we’ve experienced over the last few years in the courts, but I do have a sense of optimism with this case in light of the fact that the legal issues at play here are some of the same issues at play five years ago,” said Buchert, the Lambda Legal attorney.
Notwithstanding the legal arguments, 69% of Americans say transgender girls should only be allowed to play on boys teams, according to a June 2025 Gallup survey.
The Trump administration also supports the exclusion of transgender athletes from sports teams. An executive order signed in February 2025 says “it is the policy of the United States to rescind all funds from educational programs that deprive women and girls of fair athletic opportunities.”
Becky says, while she understands public opinion, she is unable to “go against who I am.”
“I’ve been a girl forever,” she said, “and playing on the guys’ team is going backwards.”
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