SCOTUS Upholds Sports Bans, ACLU of Nebraska Responds

Today, the U.S. Supreme Court upheld states’ legal authority to ban transgender students from participating in school sports consistent with their gender.
The justices weighed in on two cases, including West Virginia v. B.P.J., a lawsuit brought by a West Virginia teenager with support of the American Civil Liberties Union, ACLU of West Virginia, Lambda Legal and Cooley LLP.
Writing for the majority, Justice Brett Kavanaugh wrote that bans on transgender youth sports participation are consistent with Title IX and the Equal Protection Clause.
The Nebraska Legislature passed a sports ban in 2025. Today’s decision comes ahead of the July 2 signature turn-in deadline for a Nebraska ballot initiative that seeks to enshrine that ban into the state’s constitution.
Journalists covering today’s decision are welcome to use this statement from ACLU of Nebraska Policy Director Cassy Ross:
“When it comes to kids' safety, we should all be on the same team. Sports bans actually put students at risk by encouraging accusations and harassment, especially toward girls who do not fit certain stereotypes. The Supreme Court's decision, along with the recent effort to put Nebraska’s sports ban in our state constitution, will only contribute to gender policing that has no place anywhere, especially not our schools. We can do so much better for transgender students and all students, who deserve a level playing field, a supportive school environment and the freedom to be themselves.”