The Supreme Court has the potential to make a significant move in safeguarding fairness in girls' sports with a pivotal hearing.
The first openly transgender lawyer will represent a case before the Supreme Court as the Biden administration's attorney.
On Wednesday, the Supreme Court will hear a challenge to Tennessee's prohibition of sex reassignment surgery for minors, which could influence the future of girls' sports and the prevention of biological males from competing against female athletes.
The case, US v. Skrmetti, will center on a law signed by Republican Gov. Bill Lee in 2023, which prohibits hormone therapy and puberty blockers for minors in the state and imposes civil penalties for doctors who violate the restrictions.
The law aims to prevent minors from identifying with or living as a purported identity that is inconsistent with their sex, or from experiencing discomfort or distress due to a discordance between their sex and asserted identity.
Across the country, biological males are competing on girls' youth sports teams due to the administration of these medications and procedures to minors.
Tennessee lawmakers have advised minors to "embrace their sexuality during puberty."
The ACLU attorney Chase Strangio, who is openly transgender, will argue on behalf of families against the 2023 law in Tennessee and press the Supreme Court to declare it unconstitutional.
Tennessee is one of 23 states that prohibits transgender treatments for minors. However, the issue of trans athletes in girls' sports is not being contested on Wednesday.
Despite Lee signing the state's trans athletes ban in April 2022, which took effect in July, federal judges have allowed trans athletes to compete against and share locker rooms with girls in those states.
In 2021, two transgender athletes were allowed to compete on high school girls' soccer and tennis teams by Judges Landya McCafferty of New Hampshire and M. Hannah Lauck of Virginia, both of whom were appointed during the Obama administration.
In California, where trans athletes are protected by law in girls' sports, several high schools have faced controversies over trans athletes competing on girls' teams and the resulting backlash from female athletes.
Female athletes at Martin Luther King High School in Riverside, California, have filed a lawsuit alleging that their "Save Girls Sports" T-shirts were compared to a swastika by school officials. The plaintiffs wore the shirts after a transgender athlete, who had not consistently attended practices or met key varsity eligibility requirements, was placed on the varsity team, displacing one of the girls from her spot, the complaint stated.
At a school board meeting on Nov. 21, Rylee Morrow, a girls' cross country runner at the school, passionately spoke out against her school, claiming that the way things have been handled has made her feel "unsafe."
"The whole LGBTQ is shoved down our throats!" Morrow cried.
""Being in a locker room with males and going to the bathroom with guys around me is not a safe environment for a 16-year-old girl," Morrow stated."
The Central Valley School Board in Washington, which has laws protecting trans inclusion, voted to send a letter to the Washington Interscholastic Activities Association, requesting it to modify its policies that permit trans athletes to compete against girls.
During the hearing, an unidentified current cross country runner shared her experience of competing against one of the athletes who advocated for it.
"When I competed in cross country for Greenacres Middle School, a boy who identified as female was on the girls' team," she said. "Although I support everyone's right to participate in sports, the situation made me question the fairness of competing against someone who had the physical advantage associated with male biology."
The number of trans athletes competing on teams would decrease significantly if the treatments and medications required by most policies are unavailable to minors.
The Supreme Court's ruling will establish a landmark precedent and significantly impact the lives and athletic careers of many individuals.
In August, the court rejected the Biden administration's emergency request to implement a new rule protecting transgender students from discrimination under Title IX.
In 10 states, there are rules that prevent biological men from using women's bathrooms, locker rooms, and dorms, even with a request to allow it.
The only conservative justice who disagreed with that decision was Associate Justice Neil Gorsuch.
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