Bloomberg Law SCOTUS on Transgender Sports Bans
Jan 14, 2026
In this engaging discussion, Suzanne Goldberg, a Columbia Law School professor and expert in sexuality and gender law, explores the Supreme Court's oral arguments on state bans against transgender female athletes. She emphasizes the importance of factual development in these legal battles while addressing fairness concerns raised by the justices. Meanwhile, Marissa Darden, a former federal prosecutor, delves into the intriguing case of Tom Goldstein, highlighting the charges he faces and the complexity of jury perceptions in this high-stakes trial.
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States Frame Bans As Biological Line Drawing
- States argue bans are based on sex or biology rather than gender identity to avoid heightened scrutiny.
- Goldberg countered that categorical exclusion of transgender girls defies science and the specifics of the plaintiffs' records.
Will A Ruling Force Other States To Change?
- Justices questioned whether a ruling upholding bans would force permissive states to change policies.
- Goldberg observed no lawyer argued the Constitution requires states that allow transgender participation to change course.
Bostock’s Reach To Title IX Is Uncertain
- Bostock's logic could inform Title IX, but justices like Gorsuch and Roberts did not readily extend it.
- Goldberg said athletes' lawyers urged keeping Title VII and Title IX interpretations in sync where appropriate.