Transgender athletes still protected in California, Supreme Court rules

California can continue its long-held policy of allowing transgender student athletes to play on girls’ and women’s sports teams, under a U.S. Supreme Court ruling issued Tuesday.  

“With this ruling, schools and states like California can continue to adopt inclusive policies that ensure every student is treated with dignity and respect,” Tony Hoang, executive director of the LGBTQ advocacy group Equality California said. “Inclusive policies are working across the country, including here in California, where transgender young people have participated in school sports for years without incident.”

The court’s 6-3 decision allows – but doesn’t require – states to bar transgender student athletes from playing on girls’ and women’s sports teams, upholding state laws in Idaho and West Virginia. Including California, 23 states let transgender students play on teams that align with their gender identity. That means California and 22 other states that let transgender students play on teams that align with their gender identity can continue to do so.

Proponents of a ban also celebrated the court’s ruling, saying it’s a major step forward in their fight to keep transgender athletes out of girls sports, and it potentially opens the door to restrictions in the future.

“The Supreme Court just delivered a major victory for girls and for common sense,” said Sonja Shaw, a Chino Valley Unified school board member who’s running for state superintendent. She added that “California should be leading the nation in protecting girls, not forcing them to surrender their rights … We will continue fighting until every girl has the opportunity to compete on a level playing field.”

California, an epicenter of the LGBTQ rights movement, has long maintained policies that protect transgender students in K-12 schools. The California Interscholastic Federation, which oversees high school sports in the state, also allows transgender students to play on sports teams that align with their gender identity. 

The state is currently fighting at least one lawsuit related to its transgender rights policies. Attorney General Rob Bonta said on Tuesday that his office is reviewing the Supreme Court’s decision to see how it might affect the state’s other lawsuits, particularly as it relates to Title IX, the federal law that prevents sex discrimination in schools.

Meanwhile, he reaffirmed the state’s position on transgender rights. 

“We do remain committed to protecting transgender individuals from discrimination, securing safe, inclusive, welcoming school environments for all students,” Bonta said.

Beyond California, LGBTQ advocates decried the court’s ruling as a blow to transgender peoples’ rights generally, especially in states that currently restrict – or are leaning toward restrictions of – those rights.

“The SCOTUS majority decision furthers the Trump administration’s widespread attack on civil rights protections and continued attempt to erase transgender individuals from society, including through distorted interpretation of law,” said Noreen Farrell, executive director of Equal Rights Advocates. “(We) will continue fighting for trans equality and trans rights.”

Lina Haaga, 15, said she was relieved that California could continue its support of transgender athletes, but she worries about her peers in other states. Haaga, a transgender girl who runs on her school’s track team in Pasadena, said the court’s ruling would lead to an escalation of attacks on transgender people.

“The Supreme Court has a job to uplift core American values – freedom, fairness, integrity, acceptance,” Haaga said. “They’ve ignored those values today. They’ve chosen their own personal beliefs over the lives of trans kids.”

Bullying and bigoted attacks are already too common for transgender youth, Haaga said. Haaga recently defeated her sister in a school track meet, and was assailed online when the story spread through conservative media outlets. She wrote a piece for the Guardian about the experience, which she described as brutal and devastating.

She hopes California will continue its protections for transgender youth, and that all legislators and members of the public come to understand the harm caused by anti-trans policies.

“I want people to remember that behind these laws, there are real humans,” Haaga said.