Why Roberts and Gorsuch may decide the Supreme Court’s blockbuster transgender sports case
Context:
The Supreme Court's decision to hear cases involving transgender sports bans focuses on the roles of Justices Roberts and Gorsuch, who have previously avoided clarifying their stances on transgender rights in sports. This comes after their majority opinions in a case upholding Tennessee's ban on transgender medical care without addressing broader discrimination issues. The court will now consider appeals from West Virginia and Idaho, where transgender girls and women are barred from competing in sports teams aligned with their gender identity. Legal experts suggest the court will find it challenging to sidestep key discrimination questions this time, unlike in the prior case. With significant political and social implications, the outcomes of these cases could redefine judicial perspectives on transgender rights, particularly under the 14th Amendment's equal protection clause.
Dive Deeper:
The Supreme Court's decision to weigh in on transgender sports bans puts Justices Roberts and Gorsuch in the spotlight due to their past rulings and silence on related issues. The cases involve bans in West Virginia and Idaho that prevent transgender girls and women from competing on teams consistent with their gender identity.
In a previous ruling, the Supreme Court upheld Tennessee's ban on puberty blockers and hormone therapy for transgender youth, with Roberts writing that the law was based on age and medical procedures, avoiding the larger question of discrimination based on transgender status.
Legal analysts, including CNN's Steve Vladeck, predict that the upcoming sports cases will force the court to address whether discrimination based on transgender status requires heightened judicial scrutiny, a question sidestepped in the Tennessee case.
Justice Amy Coney Barrett and other conservative justices have expressed skepticism about extending anti-discrimination protections for transgender individuals, with Barrett specifically raising issues related to sports and other domains in her opinions.
The cases have drawn attention from both sides, with conservative groups like Alliance Defending Freedom supporting the bans as a means to protect women's sports, while advocates for transgender rights argue that such laws are discriminatory and harmful to transgender youth.
Past decisions like Bostock v. Clayton County, authored by Gorsuch, extended federal protections against discrimination to transgender workers. However, the court has yet to apply this reasoning beyond employment, highlighting the potential impact of these new cases.
The outcome of these cases could significantly affect how discrimination laws are interpreted in the context of transgender rights, with potential implications for other areas such as access to restrooms and broader civil rights protections.