In a landmark 6-3 ruling, the Supreme Court upheld state laws in West Virginia and Idaho which prohibit trans-identified male athletes from competing on girls’ and women’s sports teams. While the plaintiffs argued that the laws in question violated Title IX and the Equal Protection Clause, the court was generally unpersuaded by these arguments. In the main opinion, Justice Kavanaugh argued that Title IX—which prohibits discrimination based on sex in federally funded educational activities—and its implementing regulations “expressly permit schools to maintain separate teams for ‘members of each sex.” The court similarly rejected the argument that the Supreme Court ruling in Bostock, a Title VII case, redefines sex under Title IX to include “gender identity” protections in the context of sex-segregated sports. Notably, all nine justices were in alignment on the Title IX claim, with the 6-3 split concerning the equal protection analysis. On the equal protection claim, the Court held that the laws create sex-based classifications subject to intermediate scrutiny but concluded that they are substantially related to the states' important interests in preserving fairness and safety in women's sports. Justice Sotomayor issued a dissenting opinion which was joined by Justices Kagan and Jackson. While the ruling has implications for the twenty-seven states that have passed similar laws to West Virginia and Idaho, it has no immediate impact on the twenty-four states which have laws allowing trans-identified males to compete in women’s sports.
The Supreme Court has agreed to take up International Partners for Ethical Care, Inc. v. Ferguson, a case brought by parents challenging several Washington state laws which allow shelters to provide “affirming care” to runaway youth without parental consent. Parents, however, argue that the laws infringe on their ability to direct the upbringing of their children. Before the Supreme Court agreed to take up the case, the 9th U.S. Circuit Court of Appeals maintained that the parents lacked standing because none of their children were impacted by the laws, but lawyers for the plaintiffs rejected this argument. “The Constitution does not require parents to stand helplessly by until their child is gone or harmed before they can go to court,” Nick Barry, AFL senior counsel, said in a statement.
Although the Mamdani administration’s proposed “affirming care” clinic in Queens will be limited to serving adults, the administration has subsequently announced a fifteen-million-dollar pledge to bolster youth access. According to Gothamist, the money will go towards “a fund for healthcare institutions that provide gender-affirming care to young people in order to ensure they can keep services readily available.” Gothamist also reports that a portion of the funds will go towards a hotline to connect minors with “affirming” services. The move partially fulfills a campaign promise to allocate funds towards youth gender medicine. Mamdani originally pledged sixty-five million dollars during his campaign, but has remained reluctant to take action against NYC hospitals, like NYU Langone and Mount Sinai, which have stopped providing “affirming” services to minors in the face of legal pressure from the Trump admin.
Reporting from the Washington Free Beacon details how the Biden administration's “Special Envoy for LGBTQI+ Persons,” Jessica Stern, helped incorporate “gender ideology” into American foreign policy. Through FOIA requests, the Free Beacon acquired documents and correspondence that shed light on how Stern, in her own words, helped “integrate LGBTQI rights into everything we do” at the U.S. State Department. In particular, the article focuses on Stern’s attempts to shape policy on “LGBTQ+” issues in Taiwan, Germany, and the United Kingdom.
After receiving a complaint from a non-profit legal organization, the Los Angeles Unified School District removed language from a mandatory training that asserted educators must “affirm and respect” the identities of LGBTQ students. In a demand letter, the organization Liberty Counsel argued that the policy violates Title VII of the Civil Rights Act of 1964. “The Los Angeles Unified School District did the right thing in changing its training certification language. Federal law is clear that teachers cannot be required to 'affirm' a student's perceived gender identity or use inconsistent pronouns against their personal religious convictions. Title VII ensures that people cannot be forced to choose between their faith and their livelihood,” said Liberty Counsel Chairman Mat Staver.
According to journalist Ben Ryan, the day before the FTC filed a formal lawsuit against the World Professional Association for Transgender Health (WPATH), the Department of Justice issued WPATH a grand jury subpoena, presumably part of a criminal investigation, requesting communications going back to 2020. WPATH has requested emergency relief, arguing that the subpoena violates an existing injunction.
Joseph Figliolia
Policy Analyst
News
