Attorney General Bonta Opposes States’ Attacks on Transgender Youth Participation in Sports

OAKLAND — California Attorney General Rob Bonta joined a coalition of 15 attorneys general in submitting an amicus brief in the U.S. Supreme Court in Little v. Hecox and Virginia v. B.P.J. supporting challenges to laws in West Virginia and Idaho barring transgender girls from participating in youth sports in a manner consistent with their gender identity. The plaintiffs in both cases are transgender female students. In the brief, the attorneys general argue that the challenged laws violate federal anti-discrimination law, and that preventing discrimination against transgender youth brings evidence-based benefits to both those individuals and broader school environments.

“All children deserve the right to fully participate in school activities as their authentic selves.” said Attorney General Bonta. “Policies that block transgender students from joining sports teams consistent with their gender identity are both discriminatory and unlawful. Whether it be rebuking military service bans, defending gender-affirming care, or opposing unjust school policies like these, my office will continue to fight against threats to LGBTQ+ individuals’ rights wherever and whenever they arise.”

Transgender female students P.B.J. and Lindsay Hecox filed lawsuits seeking to enjoin enforcement of West Virginia Code § 18-2-25d and Idaho Code § 33-6203 respectively, each of which bar transgender female students from participating in sex-separated sports consistent with their gender identity. The U.S. Court of Appeals for the Fourth Circuit concluded that P.B.J. was entitled to summary judgment because to the West Virginia law violates P.B.J.’s rights under Title IX of the Education Amendments of 1972 (Title IX). The U.S. Court of Appeals for the Ninth Circuit concluded that Hecox was entitled to a preliminary injunction because the Idaho law likely violates her rights under the Equal Protection Clause of the Fourteenth Amendment of the Constitution.

In the amicus brief, the coalition urges the U.S. Supreme Court to affirm both of the decisions made by the U.S. Court of Appeals. The attorneys general argue that:

• Policies that protect transgender youth from discrimination protect such youth against serious physical and mental harms and support broader school climates that enhance students’ well-being and improve learning outcomes;
• The challenged laws apply only to transgender women and girls and not transgender men nor cisgender individuals. The laws therefore violate the Federal Equal Protection Clause and Title IX, as they discriminate on the basis of transgender status and sex; and
• In contrast to some claims by defendants in the two lawsuits, Title IX does not prohibit states from allowing transgender students to use sex-separated spaces in a way that is consistent with their gender identity.

In filing the amicus brief, Attorney General Bonta joins the attorneys general of New York, Hawai’i, Colorado, Connecticut, Delaware, Illinois, Maine, Maryland, Massachusetts, Minnesota, Oregon, Rhode Island, Vermont, Washington, and the District of Columbia.

A copy of the brief can be found here.