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Little v. Hecox

No. 24-38 SCOTUS · Decided Decided SCOTUS
Cert Granted: Jul 3, 2025 Argued: Jan 13, 2026 Decided: Jun 30, 2026
📄 Read the Opinion
This decision was issued in conjunction with West Virginia v. B.P.J.

Case Overview

This case involves a challenge to an Idaho law that bans transgender women and girls from participating in women's sports. The case originated when a transgender athlete, Lindsay Hecox, sought to play women's club soccer, but later filed an affidavit stating she would permanently stop playing such sports, raising mootness questions. The Supreme Court heard oral arguments on January 13, 2025, focusing on equal protection and Title IX issues, with the justices debating whether the law classifies based on sex or transgender status and whether the case is moot.

Decision

Opinion Kavanaugh
Concurrence Thomas, J.
Concurrence Gorsuch, J.
Dissent Sotomayor, J. (joined by Kagan and Jackson, JJ.) (concurring in judgment in part and dissenting in part)
Dissent Jackson, J. (concurring in judgment in part and dissenting in part)

Opinion of the Court

Kavanaugh

The Facts

Idaho passed the Fairness in Women's Sports Act, categorically banning transgender women and girls from participating on women's sports teams at public schools and universities. Lindsay Hecox, a transgender woman, challenged the law after seeking to participate in collegiate athletics. The Ninth Circuit held the law likely violated the Equal Protection Clause of the Fourteenth Amendment.

The Issue

Whether a state law categorically excluding transgender women from women's sports teams violates the Equal Protection Clause of the Fourteenth Amendment; and what level of scrutiny applies to sex classifications that distinguish based on transgender status.

The Rules

U.S. Const. amend. XIV, § 1 Equal Protection Clause

No state shall deny to any person within its jurisdiction the equal protection of the laws.

518 U.S. 515 (1996) United States v. Virginia — intermediate scrutiny

Sex-based government classifications must be supported by an exceedingly persuasive justification.

The Application

Idaho's Position

Idaho argues its Fairness in Women's Sports Act classifies on biological sex, not transgender status. Male puberty confers lasting physical advantages in height, lung capacity, and muscle mass that persist after hormone therapy. The state has a substantial interest in competitive fairness that justifies sex-separate athletics. The verification procedures are reasonable enforcement tools.

The Challengers' Position

Hecox argues the law targets transgender women specifically — a cisgender female faces no scrutiny, while a transgender woman with suppressed testosterone does. Under Bostock, this is sex discrimination. The invasive sex-verification procedures subject all female athletes to potential medical scrutiny, discriminating beyond just transgender competitors.

At the Supreme Court

Argued January 13, 2026, alongside West Virginia v. B.P.J. The Court appears likely to uphold the ban 6-3. Justice Gorsuch — Bostock's author — signaled he would limit that precedent to Title VII. Justice Kavanaugh urged judicial restraint. A mootness wrinkle exists: Hecox withdrew from competition. If dismissed as moot, the ruling narrows to Title IX only via B.P.J.

The Conclusion

[Awaiting opinion]

Court
FiledJul 15, 2024
Judge
CL Statusactive
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No circuit court data for this case.

Cert GrantedJul 3, 2025
Statusactive
Filed (CL)Jul 15, 2024
View on CourtListener →

Decision

Opinion Kavanaugh
Concurrence Thomas, J.
Concurrence Gorsuch, J.
Dissent Sotomayor, J. (joined by Kagan and Jackson, JJ.) (concurring in judgment in part and dissenting in part)
Dissent Jackson, J. (concurring in judgment in part and dissenting in part)
SCOTUS TMR-da4b0001 Jul 5, 2026
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