Law & Courts

Trump Says Title IX Excludes Trans Girls. The Supreme Court Could Weigh In Next

The nation’s high court already upheld state laws barring transgender girls from female athletics. It didn’t decide the flip side of that issue
By Mark Walsh — October 09, 2026 7 min read
Becky Pepper-Jackson prepares to throw a discus Tuesday, April 7, 2026, at Bridgeport High School in Bridgeport, W.VA.
  • Save to favorites
  • Print

When the U.S. Supreme Court ruled in June that states may bar transgender girls from female athletics, it made clear it was not deciding the flip side of that issue—whether Title IX and the Constitution allow states and schools to permit transgender girls to play on female teams.

“That question is currently the subject of litigation in some lower courts,” Justice Brett M. Kavanaugh wrote in a footnote in his majority opinion in West Virginia v. B.P.J. “Nothing in this opinion is intended to decide that question.”

That additional litigation has continued, with one older case trudging through the legal system for years, as well newer lawsuits by President Donald Trump’s administration seeking to impose its view that Title IX—the 1972 law barring sex discrimination at federally funded schools—does not allow the participation of transgender girls. One of those Trump administration suits faced a major setback recently.

See Also

A group prays outside of the Supreme Court ahead of the court's ruling on whether transgender girls and women can play on school athletic teams, on June 30, 2026, on Capitol Hill in Washington.
A group prays outside of the U.S. Supreme Court ahead of the court's ruling on whether transgender girls and women can play on school athletic teams, on June 30, 2026, in Washington. The court upheld two state laws barring transgender girls from joining girls' school sports teams.
Jose Luis Magana/AP

And now, the issue has made it back to the Supreme Court, perhaps sooner than anyone anticipated.

In a filing this month on the court’s emergency docket, a cisgender female wrestler in Washington state has asked the justices for an injunction that would allow her to compete without facing transgender female competitors. The wrestler, identified as K.M.K., says she lost a match last December to a “stronger and more powerful” transgender girl.

Lawyers for the cisgender wrestler, who refer to transgender girls in sports as “male” or “biological males,” say the need for the injunction is urgent because wrestling season begins next month. But they also suggest the Supreme Court might want to pluck the case from its emergency docket and hear full arguments on the issue.

“K.M.K. is not the only victim of gender-identity participation policies that violate Title IX,” lawyers from Alliance Defending Freedom, a conservative legal organization that has long sought to restrict transgender rights in education, said in its emergency filing in K.M.K. v. Washington Interscholastic Activities Association. “Other female athletes have also lost or forfeited games to male athletes in Washington State. And 22 other states have the same or similar policies.”

The Supreme Court has asked the WIAA and other defendants in the case, which include the state and the Puyallup school district, to respond to the emergency application by Oct. 13.

Trump admin.'s Title IX interpretation is moving quickly to the Supreme Court

Suzanne Goldberg, a Columbia University law professor and a veteran advocate for LGBTQ+ rights, said in an interview that “those who are hostile to transgender rights have aggressively sought to move their agenda forward.”

She said the Supreme Court’s June 30 decision in B.P.J., which upheld Idaho and West Virginia laws restricting transgender girls’ and women’s sports participation (and by extension those of some 25 other states), “answered only half the question.”

“It is not surprising that the other half of the question, on whether schools may allow transgender students to participate with their peers, is moving quickly toward the Supreme Court,” Goldberg said.

See Also

Education Secretary Linda McMahon accompanied by Attorney General Pam Bondi, right, speaks during a news conference at the Department of Justice headquarters in Washington, Wednesday, April 16, 2025.
Education Secretary Linda McMahon, accompanied by Attorney General Pam Bondi, right, speaks during a news conference at the Department of Justice headquarters in Washington, Wednesday, April 16, 2025. The pair were announcing a lawsuit against the state of Maine over state policies that allow transgender athletes to compete in girls' sports.
Jose Luis Magana/AP

Leading the agenda more recently has been the Trump administration, which has followed up the president’s February 2025 executive order on “Keeping Men Out of Women’s Sports” with investigations, threats of funding cutoffs, and lawsuits against school districts, state education departments, and athletic associations.

In its 2025 suit against the California Interscholastic Federation and the California education department, the U.S. Department of Justice asserted that the state violated Title IX with its policies that permitted transgender girls to compete in female sports.

“These discriminatory policies and practices ignore undeniable biological differences between boys and girls, in favor of an amorphous ‘gender identity,’” the suit said. “The results of these illegal policies are stark: girls are displaced from podiums, denied awards, and miss out on critical visibility for college scholarships and recognition.”

On Aug. 31, a federal district judge in Los Angeles granted the defendants’ motion to dismiss the Trump administration suit. Judge Cynthia Valenzuela framed the central issue as whether Title IX and its implementing regulations clearly required California to exclude transgender girls from girls’ teams and sex-separated facilities.

They did not, she concluded. Title IX and its athletics-related regulations (which date back to the 1970s), “permit biological-sex separation and require equal treatment” in school sports, Valenzuela said in United States v. California Interscholastic Federation. “They do not clearly communicate [the federal government’s] further condition that biological sex must control every eligibility and facilities decision regardless of gender identity.”

The Justice Department has not yet appealed that decision.

See Also

President Donald Trump speaks before signing an executive order barring transgender female athletes from competing in women's or girls' sporting events, in the East Room of the White House, Wednesday, Feb. 5, 2025, in Washington.
President Donald Trump speaks at the White House on Feb. 5, 2025, before signing an executive order barring transgender females from competing in women's or girls' sports. Transgender athlete policies have been a common subject of investigations into schools, colleges, state education departments, and athletic associations by the U.S. Department of Education since Trump took office.
Alex Brandon/AP

The Trump administration has also sued Minnesota and its state high school league on similar grounds as well as Maine’s department of education. Those cases are pending.

In Connecticut, a long-running legal battle over the participation of transgender female athletes in track and field in the 2017, 2018, and 2019 seasons continues, with a federal district court in 2024 allowing some claims by a group of cisgender female athletes to proceed to trial. The suit is still pending.

The Supreme Court increasingly uses its emergency docket to decide major issues

The Washington state case revolves around a girls-only classification in wrestling, which began in the state in 2007, though court papers suggest there are some schools with co-ed teams that compete in the boys’ classification.

The cisgender wrestler’s suit challenges the state athletic association’s rule allowing students to compete in all sports consistent with their gender identity. While a junior last December, K.M.K. lost to a wrestler whom she did not realize was a transgender girl.

See Also

Maine's Democratic Gov. Janet Mills delivers her State of the State address, Jan. 30, 2024, at the State House in Augusta, Maine.
Maine Gov. Janet Mills delivers her State of the State address on Jan. 30, 2024, in Augusta, Maine. The U.S. Department of Health and Human Services found Maine had violated Title IX just four days after Mills told President Donald Trump that she would see him in court over the state's refusal to comply with an executive order seeking to bar transgender girls from girls' sports.
Robert F. Bukaty/AP

K.M.K. decided in January not to return for the season, but her mother pressed school district officials for support, such as a guarantee that her daughter not face transgender female opponents but still be allowed to compete. Officials said K.M.K. was free to sit out any such matches, but they could not schedule around the possibility of her facing a transgender opponent.

The family sued under Title IX and a 14th Amendment parental-rights claims. They were denied a preliminary injunction by both a federal district court and a panel of the U.S. Court of Appeals for the 9th Circuit, in San Francisco.

The appellate panel said it was not clear that an emergency existed around the Sept. 25 date sought for the injunction, since wrestling season starts in mid-November. And it agreed with the district court that the factual record was not clear enough to grant an injunction. The panel also agreed that it would be difficult for school and athletics officials to organize matches and tournaments that guaranteed K.M.K. would not face a transgender competitor.

“To ensure that K.M.K. will not face competition against any transgender student, Defendants would have to collect new, invasive information from an unknown number of students,” the 9th Circuit panel said.

With an emergency application such as K.M.K.’s—a single student’s plea for high court intervention at an early stage in a factually messy case—it wouldn’t be unusual for the Supreme Court to quickly reject the request. But here, the court has asked the defendants to respond.

And just last term, the court used another emergency application from the 9th Circuit to issue a relatively important decision on a related hot-button issue—whether schools were helping students transition to a new gender identity without consulting their parents.

See Also

WASHINGTON, DC - AUGUST 17: The U.S. Department of Justice Building on August 17, 2026 in Washington, DC.
The U.S. Department of Justice Building on Aug. 17, 2026 in Washington. The Justice Department has teamed up with the U.S. Department of Education to fight school and state policies concerning transgender students it deems objectionable.
Anna Moneymaker/Getty Images

In Mirabelli v. Bonta, the court ruled 6-3 on March 2 to reinstate a federal district court ruling that said parents have federal constitutional rights to be informed when their children socially transition or express gender nonconformity at school.

The underlying case was procedurally messy, and the court had pending, fully briefed cases on its regular docket raising the same issues, but it decided to act on the emergency docket matter.

The Mirabelli majority ruled that parents have a 14th Amendment parental-rights claim because California’s policies were likely concealing mental health information about their children’s gender dysphoria and transitioning at school.

“These policies likely violate parents’ rights to direct the upbringing and education of their children,” the majority said in Mirabelli.

The lawyers for K.M.K. seized on Mirabelli in their emergency application.

“In rejecting [K.M.K.’s mother’s] parental-rights claim, the 9th Circuit’s analysis runs headlong into Mirabelli because it refused [the mother] the right to decide a question regarding her daughter’s physical health: whether K.M.K. wrestles males,” the filing states.

Events

This content is provided by our sponsor. It is not written by and does not necessarily reflect the views of Education Week's editorial staff.
Sponsor
School Climate & Safety Webinar
There But Not Present: Rethinking Student Engagement
Learn how to recognize the early signs of disengagement and what the behavioral science reveals about which interventions actually work.
Content provided by Frontline Education
Teacher Preparation Webinar What Teacher Education Should Look Like in the Age of AI
Explore the current trends around the use of AI in teacher preparation and continuing education with data from the EdWeek Research Center.
English Learners Webinar How Can School Districts Better Support English Learners With Disabilities?
Join this webinar to hear recent findings from the EdWeek Research Center and discover practical strategies for improvement.

EdWeek Top School Jobs

Teacher Jobs
Search over ten thousand teaching jobs nationwide — elementary, middle, high school and more.
View Jobs
Principal Jobs
Find hundreds of jobs for principals, assistant principals, and other school leadership roles.
View Jobs
Administrator Jobs
Over a thousand district-level jobs: superintendents, directors, more.
View Jobs
Support Staff Jobs
Search thousands of jobs, from paraprofessionals to counselors and more.
View Jobs

Read Next

Law & Courts Ten Commandments in Classrooms: 'Passive Display' or Part of the Curriculum?
Five states now have laws that require or authorize Ten Commandments displays in public schools.
9 min read
A Ten Commandments poster is seen with boxes of others before they were delivered to local public schools in New Braunfels, Texas, Monday, Nov. 17, 2025.
A Ten Commandments poster is seen with boxes of others before they were delivered to local public schools in New Braunfels, Texas, on Nov. 17, 2025. Texas is one of four states that now require the commandments be displayed in public school classrooms.
Eric Gay/AP
Law & Courts Federal Court Ruling Paves Way for Jewish Charter School in Oklahoma
A federal judge cleared the way for a Florida-based Jewish charter school network to open in the state.
Lenzy Krehbiel-Burton, Tulsa World, Okla.
•
4 min read
WASHINGTON, DC - JANUARY 10: (L to R) Montana Attorney General Austin Knudsen, Oklahoma Attorney General Gentner Drummond, Missouri Attorney General Andrew Bailey and Frank O. Bowman III, professor emeritus of law, University of Missouri School of Law arrive to testify before a House Homeland Security Committee hearing titled "Havoc in the Heartland: How Secretary Mayorkas' Failed Leadership Has Impacted the States," at the U.S. Capitol on January 10, 2024 in Washington, DC. House Republicans have started their hearings into impeaching President Biden's Secretary of Homeland Security, Alejandro Mayorkas.
Oklahoma Attorney General Gentner Drummond, second from left, was a defendant in a lawsuit from the Ben Gamla Jewish Charter School Foundation challenging a decision from the state's charter school authorizing board that denied the group's bid to open a charter school.
Kent Nishimura/Getty Images
Law & Courts These Parents Want to Opt Their Kids Out of Ed Tech. Can They Win in Court?
Parents in a Pennsylvania district say ed tech distracts from more meaningful learning.
10 min read
Yair Lev stands by as a screen displaying an itinerary for a Lower Merion Board of School Directors meeting at the Lower Merion School District Administration Building on May 11, 2026, in Ardmore, Pa.
Yair Lev stands by as a screen displaying a document for a school district board of directors meeting at the Lower Merion school district administration building on May 11, 2026, in Ardmore, Pa. Lev is among a group of parents who have sued the Philadelphia-area school district seeking the ability to opt their children out of the required use of school technology.
Joe Lamberti/AP
Law & Courts Title IX Doesn't Require Transgender Athletes' Exclusion, Judge Rules
A federal judge dismissed a lawsuit from the Trump administration alleging California violated Title IX.
Kevin Rector, Los Angeles Times
•
4 min read
CLOVIS, CA MAY 30, 2026: Transgender athlete AB Hernandez, center, competed in three qualifying events at the CIF State Track Championship in Clovis, CA on May 30, 2026. Hernandez placed first in qualifying for the long jump on Friday. Hernandez competes in the finals on Saturday in the high jump, long jump and triple jump.
Transgender athlete AB Hernandez, center, competed in three qualifying events at the CIF State Track Championship in Clovis, Calif., on May 30, 2026. The Trump administration sued California over its policy allowing transgender girls to compete on girls' athletic teams. A judge has dismissed that lawsuit.
Tomas Ovalle / Los Angeles Times via Getty Images