The Supreme Court left unresolved whether states can give primacy to biological sex over gender identity, a question that has divided lower courts nationwide, in its blockbuster decision upholding Tennessee’s ban on medicalized gender transitions for youth, though individual justices in the majority promoted their own conclusions in concurrences.
The most powerful nine jurists in America will consider whether to fill in the gaps from U.S. v. Skrmetti this week when, for the third time, they review petitions by West Virginia and Idaho to overrule courts that struck down their “fairness in women’s sports” laws that prevent males from participating in opposite-sex school sports.
The red states filed supplemental briefs ahead of Thursday’s judicial conference urging the high court to hear oral arguments rather than “grant, vacate and remand” the cases to lower courts to apply the new Tennessee precedent, which they said would prolong the split among at least eight federal appeals courts and put schools in some jurisdictions at legal risk.
Their co-counsel at the Alliance Defending Freedom speculated SCOTUS “may have been holding” the red states’ petitions until it ruled on Tennessee’s ban on so-called gender-affirming care for minors, which ADF defended alongside the Volunteer State at the high court.
Agreeing to hear the cases rather than send them back would be a timely boon for advocates of sex-based athletic participation, with Monday’s 53rd anniversary of Title IX.
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Author: Ray Hilbrich
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