"And a ruling is very likely to break on predictable, ideological lines, 6-3, unless the case is handed back to a lower court. The Supreme Court gave a win to trans rights back in 2020, with the help of new conservative justice Neil Gorsuch, in the case which correlated employment discrimination based on both sexual orientation and gender identity with discrimiation "on the basis of sex," which is a violation of Title VII of the 1964 Civil Rights Act."
"As the New York Times reports, it appeared the outcome in this case was a foregone conclusion for the justices, in particular the three liberal justices, who seemed to focus their questioning Tuesday on whether the individual girls in the case might want to seek individual exceptions at the state level, based on their own circumstances, knowing they could not win here."
The Supreme Court heard consolidated cases from West Virginia and Idaho about whether transgender athletes can be barred from participating in sports in the gender they identify. The cases focus primarily on transgender girls who were assigned male at birth and whether perceived physical advantages justify state bans. Twenty-seven states now have laws barring transgender participation in school and college sports. The court's decision is likely to split 6–3 along ideological lines unless the cases are remanded. Liberal justices pressed whether individual athletes might obtain state-level exceptions. Plaintiffs include high school sophomore Becky Pepper-Jackson and college senior Lindsay Hecox. One liberal justice noted Pepper-Jackson began hormone treatment early and may lack male-puberty advantages.
Read at sfist.com
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