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# Supreme Court Appears Likely to Uphold State Bans on Transgender Athletes

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<!-- video src="https://cdn.jwplayer.com/manifests/DrQS140E.m3u8" -->
## Video: Supreme Court Appears Likely to Uphold State Bans on Transgender Athletes

[Watch (HLS stream): Supreme Court Appears Likely to Uphold State Bans on Transgender Athletes](https://cdn.jwplayer.com/manifests/DrQS140E.m3u8) (3:11)

![Supreme Court Appears Likely to Uphold State Bans on Transgender Athletes](https://cdn.jwplayer.com/v2/media/DrQS140E/poster.jpg?width=720)

_Published 2026-01-14_


---

Jan 15, 2026 10:13 PM UTC

---

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### Supreme Court Appears Skeptical That State Abortion Bans Conflict with Federal Health Care Law

---


## Transcript

Gender identity does not matter in sports, and that's why Idaho's law does not classify on the basis of gender identity. It treats all males equally and all females equally, regardless of identity. And its purpose is exactly what the legislature said preserving women's equal opportunity. In fact, it's our friends on the other side who want to classify based on gender identity. They're seeking special treatment for males who allegedly lack an unfair advantage, but only if those males also identify as transgender. Denying special treatment isn't classifying on the basis of transgender status. It's consciously choosing not to.

And those states who do allow it are they is your position that they are violating the Constitution, the Equal Protection clause, rights of biological girls and women by allowing that? Or do you say that's up to each state to decide, and that the Constitution gives discretion to the state whether to allow it or not to allow it? I have not yet been persuaded by a constitutional theory that would let us use the Equal Protection Clause to impose our policy on other states in this matter. A variety of groups who study this issue think that allowing transgender women and girls to participate will undermine or reverse that amazing success and will, um, uh, create unfairness.

Because you said if large numbers. Well, for the individual girl who does not make the team or doesn't get on the stand for the medal or doesn't make all league, there's a there's a harm there. Uh, and I think we can't sweep that aside. Male athletes who take performance. Altering drugs are not similarly situated to female athletes, and states need not treat them the same. Circulating testosterone after puberty is the main determinant of sex based biological advantage that HB 500 sought to address. And on this record, Lindsay Hecox has mitigated that advantage because she has suppressed her testosterone for over a year and taken estrogen.

In terms of Bostic. I understand that to say that discrimination on the basis of transgender status is discrimination on the basis of sex. But the question here is whether or not a sex based classification is necessarily a transgender, uh, classification. And I wonder if that is consistent with your understanding. But looking to the broader issue that a lot of people are interested in, there are an awful lot of female athletes who are strongly opposed to participation by trans athletes in competitions with them. Um, what what do you say about them? Are they are they bigots? Are they diluted in thinking that they are subjected to unfair competition?

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