The Supreme Court’s Sports Decision Isn’t the End of the Story for Transgender Rights

The Supreme Court’s Sports Decision Isn’t the End of the Story for Transgender Rights

The United States Supreme Court recently held that states may maintain women’s and girls’ sports teams based on biological sex without violating Title IX or the Equal Protection Clause. In West Virginia v. B.P.J., the Court concluded that states may determine eligibility for women’s sports according to biological sex and that such policies are consistent with federal law. For many transgender athletes and their supporters, the decision is deeply disappointing. But it is important to understand what the ruling does, and what it does not do.

The Court’s decision addresses federal constitutional and Title IX claims. It does not automatically eliminate protections that transgender people may have under Title VII, state statutes, state constitutions, or local anti-discrimination laws. In many states, lawmakers have enacted protections that go beyond what federal law requires. Those laws remain in force unless and until they are successfully challenged.

New York provides a particularly important example. New York’s Human Rights Law expressly prohibits discrimination based on gender identity and gender expression. Those protections have allowed transgender athletes and organizations that include transgender athletes to challenge exclusionary sports policies even as similar policies have gained traction elsewhere in the country.

In 2024, Nassau County Executive Bruce Blakeman issued an executive order barring transgender girls and women from participating in girls’ and women’s sports at county-owned athletic facilities. The order affected more than 100 county facilities and prevented organizations that welcomed transgender athletes from using those public venues. The Long Island Roller Rebels, a recreational women’s roller derby league that includes transgender women, challenged the policy with the assistance of the New York Civil Liberties Union. The plaintiffs argued that the exclusion violated New York’s Human Rights Law and Civil Rights Law, both of which prohibit discrimination based on gender identity. A Nassau County judge struck down the executive order, concluding that the county executive lacked authority to impose the ban.

The county then attempted a different approach. Rather than relying on an executive order, Nassau County enacted a local law that again prohibited transgender girls and women from participating in girls’ and women’s sports at county-run facilities. The Roller Rebels returned to court, arguing that the new law likewise violated New York’s anti-discrimination protections. Although a trial court initially upheld the law, New York’s Appellate Division granted a preliminary injunction blocking enforcement of the ban while the litigation proceeds. In doing so, the appellate court recognized that the challengers had demonstrated a likelihood of success on their argument that the county’s policy unlawfully discriminates against transgender women and girls under New York law. As a result, Nassau County has been prevented from enforcing the ban during the pendency of the case.

A second recent case demonstrates how New York’s Human Rights Law can protect individual transgender athletes. In 2025, transgender runner Sadie Schreiner, a 2024 NCAA Division III All-American, alleged that officials at a track meet hosted by Rensselaer Polytechnic Institute barred her from competing in the women’s category because she is transgender. Schreiner sued under the New York State Human Rights Law and related provisions of New York law that protect individuals from discrimination based on gender identity and expression. In June 2026, a New York judge rejected RPI’s effort to dismiss the lawsuit at the pleading stage. The court held that the university had not established, as a matter of law, that federal policies or Title IX required Schreiner’s exclusion. The judge specifically allowed her claims under New York’s Human Rights Law to proceed, permitting discovery and further litigation. According to the ruling, the existence of federal executive branch policies concerning transgender athletes did not automatically excuse conduct that may violate New York’s anti-discrimination laws.

Transgender people who face exclusion from sports, employment, housing, public accommodations, or other aspects of public life should not assume that a federal court decision on one issue ends the inquiry. The legal landscape for transgender rights remains complex and varies significantly from one state to another. If you believe you have been discriminated against because you are transgender, it is important to speak with a qualified attorney. Laws differ substantially, and a lawyer can help determine what rights and remedies may be available.