A group of 130 congressional Democrats filed an amicus brief to the Supreme Court, urging it to side with transgender athletes in an upcoming case surrounding women’s sports.
The coalition, made up of nine senators and 121 representatives, is led by Congressional Equality Caucus Co-Chair Rep. Becca Balint (D-VT), Democratic Women’s Caucus Chair Rep. Teresa Leger Fernández (D-NM), and Sen. Mazie Hirono (D-HI).
“Categorical bans—such as the bans in West Virginia and Idaho—undermine those protections and the ability of transgender students to be part of their school community,” the brief says, adding, “This Court should not permit states to legalize sex discrimination against children who merely want to play sports with their friends on teams matching their gender identity.”
“The categorical bans at issue here discriminate on the basis of sex and do so without being substantially related to an important government interest,” the brief concludes.
Supreme Court justices took up the appeals made by the attorneys general of West Virginia and Idaho after lower courts ruled in favor of the transgender students behind the initial cases. The Supreme Court will now weigh whether the bans on transgender athletes in the states violate the 14th Amendment’s Equal Protection Clause as well as Title IX.
West Virginia Attorney General JB McCuskey said in a July statement that he is “confident the Supreme Court will uphold the Save Women’s Sports Act because it complies with the U.S. Constitution and complies with Title IX. And most importantly: It protects women and girls by ensuring the playing field is safe and fair.”
