A 6-3 U.S. Supreme Court ruling Tuesday morning allows states to decide whether to allow or restrict transgender athletes from competing on girls’ and women’s school sports teams, leaving California’s policies unchanged.
The court upheld laws in Idaho and West Virginia that restrict the inclusion of trans athletes, limiting participation on female sports teams to those assigned female at birth. The ruling says states’ to limit participation based on gender biology, rather than identity, does not violate the Equal Protection Clause of the Constitution, nor does it violate Title IX — the federal law banning sex discrimination in education.
Because the decision leaves the issue to individual states, California officials emphasizing the state’s existing laws remain in effect.
“It’s another example of the Supreme Court wiping away people’s basic human rights. In this case, the right of trans people,” state Sen. Scott Wiener, a Democrat San Francisco, said of the high court’s ruling.
Wiener, an openly gay legislator, has been a staunch advocate for policy and health equality for the LGBTQ+ community.
“States can do a lot of great work. States can also cause immense harm around civil rights,” Wiener said, referencing Jim Crow era racism in various states that required federal pushback via the Voting Rights Act and other federal civil rights laws.
California Attorney General Rob Bonta said the state remains committed to protecting transgender people from discrimination.
“We do remain committed to protecting transgender individuals from discrimination and securing safe, inclusive, welcoming school environments for all students,” Bonta said.
Under a 2013 California law, transgender students may compete in school sports based on their gender identity rather than solely on biology. The California Interscholastic Federation and the California Community College Athletic Association also allow transgender athletes to compete under those policies. That’s a contrast to the NCAA, which now limits women’s competition to athletes assigned female at birth, per an executive order by the Trump Administration in the early days of his second term.
That order is dubbed “Keeping Men out of Women’s Sports.”
“These kids are just normal kids. They’re not superstars or anything, just let them play, and let them be kids,” Wiener said.
Governor Gavin Newsom, in a statement responding to the ruling, said, “The Supreme Court’s decision today does not affect California’s laws. The state remains committed to ensuring every Californian, including the LGBTQ community, is met with dignity and respect.”
The ruling comes as California continues to clash with the Trump administration over the state’s policy on transgender athletes.
The Trump administration is already suing California, arguing the state’s policy violates Title IX.
Bonta noted his office is closely monitoring the Supreme Court ruling to determine if it will affect any of the state’s ongoing legal disputes with the federal government on the topic.
McGeorge School of Law professor Larry Levine said the federal government’s efforts to challenge California are likely to continue, especially the threats to withhold federal dollars for various programs, should California not comply.
“They are threatening it. They will continue to threaten it. And that’s going to work its way up the courts all the way to the Supreme Court of the United States,” Levine said, foreshadowing more decisions on the topic will be made during the Supreme Court’s next term.
President Trump on Truth Social called the ruling a “big win.”
Congressman Kevin Kiley, a recent Republican-turned-independent Rocklin, who has been a firm opponent on trans athletes in female sports said the decision protects opportunities for female athletes.
“Girls’ sports is something that’s worth protecting that our young female student athletes deserve the opportunity to compete on a level playing field,” Kiley said, adding that while all athletes should be offered opportunities to play, inclusion of trans athletes is not the way to go.
Levine said additional legal questions surrounding federal restrictions affecting the LGBTQ+ community remain unresolved.
“How far can [Trump and the federal government] go imposing their will? And that’s going to be the next battleground,” Levine said.
California’s ongoing legal challenges with the federal administration over the state’s protections for transgender athletes remain pending.
State Superintendent of Public Education Tony Thurmond, who has long been a staunch advocate of protecting trans students’ rights to participate in girls’ sports declined our Tuesday interview request but provided a statement:
“We are carefully reviewing the Supreme Court’s decision and evaluating its impact on California schools, as well as our active cases regarding transgender students’ rights to participate in school sports. The California Department of Education cannot comment on those pending lawsuits.”
Watch Also: Supreme Court issues final decisions on birthright citizenship and transgender athlete policies