The court heard oral arguments for two cases from Idaho and West Virginia in which lawyers for the trans teens argued that the state laws they’d challenged relied on broad generalization about the sexes, and their supposed biological advantages, that did not apply to their specific clients, The New York Times reported. Meanwhile, solicitor generals from these states insisted that biological sex matters in sports because of supposed competitive advantages.
The second case involves Becky Pepper-Jackson, a West Virginia high school student, whose lawyer Joshua Block of the ACLU argued that his client did not hold an unfair advantage to her teammates and opponents because she had never gone through male puberty and had been taking hormone blockers.
“I hate, hate that a kid who wants to play sports might not be able to play sports. Hate that. But we have kind of a zero-sum game for a lot of teens,” he said, arguing that a transgender girl will inevitably take the spot entitled to a cisgender girl.
Trapped in the minority, the liberal justices suggested that the plaintiffs could seek “as applied” challenges to their states laws, meaning the cases could go back through lower courts separately to demonstrate that the two girls did not possess the unfair advantages implied by their assigned sex at birth.
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