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WASHINGTON  — The Supreme Court on Tuesday upheld laws in West Virginia and Idaho that forbid transgender athletes from competing on girls’ sports teams.

In a 6-3 decision, the court said the federal Title IX law envisioned separate teams for girls and boys based on their biological sex at birth.

“Separate sports teams for biological males and biological females are reasonable,” wrote Justice Brett M. Kavanaugh. “Given the inherent physical differences between the sexes, allowing only biological females to play on women’s and girls’ teams can reduce the risk of physical injury and ensure fair competition.”

Kavanaugh, who has coached girls’ teams for many years, said 27 states have adopted laws prohibiting transgender athletes on girls’ teams.

But his opinion does not say states such as California must change their laws that forbid schools from discriminating based on gender. Instead, he stressed states are free to make their own decision.

“Consistent with Title IX and the Equal Protection Clause, we hold that the states may maintain women’s and girls’ sports for biological females. They may determine eligibility for women’s and girls’ sports based on biological sex. The Constitution and Title IX do not require an overhaul of women’s and girls’ sports throughout America,” Kavanaugh said.

Justice Sonia Sotomayor dissented in part. She said the state should have considered transgender students on a case-by-case basis to decide whether they had an unfair advantage. Justices Elena Kagan and Ketanji Brown Jackson dissented as well.

The court’s decision is likely to bolster the Trump administration’s drive to pressure states, schools and universities that permit transgender athletes to compete on girls’ and women’s sports teams.

Because the Education Department provides federal funds to these states and schools, it can require them to comply with Title IX.

The sole plaintiff in the court case was Becky Pepper-Jackson. Now 15, she has carried on a lonely legal fight to compete on her school’s track team in Bridgeport, W.Va.

Designated male at birth, she says she is the only transgender girl competing in her state and has been the target of complaints and protests.

Her case drew strong reactions on both sides of the issue.

West Virginia Gov. Patrick Morrisey hailed Tuesday’s decision as “one of the most important victories for women’s athletics” since the passage of Title IX in 1972.

“We defended a simple principle most Americans instinctively understand — that women’s sports exist to provide women and girls a fair opportunity to compete and succeed,” he said.

Penny Nance, president of Concerned Women for America, said “it is self-evident that males and females are biologically different, and the U.S. Supreme Court has confirmed this truth. It is fundamentally unfair for a male who feels like a female to demand that biological categories be ignored to accommodate his desire to compete among females.”

Joshua Block, the ACLU attorney who argued the case, called it “a heartbreaking ruling for our clients and transgender girls like them who’ve asked for nothing more than the same opportunities afforded to their peers,” he said.

“The reality is that the equality of transgender women and girls takes nothing away from, and in fact promotes, the equality of all women and girls.”

“This ruling is deeply harmful for transgender women and girls who only asked for the ability to participate in sports with their peers,” said Sasha Buchert, senior attorney with Lambda Legal. “Countless studies have demonstrated the myriad benefits that come with participation in team sports.”

The sports career of Becky Pepper-Jackson reflects some of the difficulty of the issue.

In sixth grade, she participated in cross country and described herself as slow. She “routinely placed near the back of the pack,” her attorneys told the court.

Her court appeals focused on a wish to participate in sports, not to win. But upon reaching high school, she has been winning.

In 2024, she “placed in the top three in every track event in which B.P.J. competed, winning most,” the state’s attorneys said. In the spring of 2025, “focusing on strength events, B.P.J. bumped female competitors out of the state tournament, then placed third in the state in discus and eighth in shot put while competing against much older female athletes,” they told the court.

Her ACLU attorney explained she has been winning in the shot put and discus “through hard work and practice,” not because of an advantage based on biology.

He said she “received puberty-delaying medication and gender-affirming estrogen that allowed her to undergo a hormonal puberty typical of a girl.”

The U.S. Department of Education opened an investigation Monday into Smith College, an all-women’s institution in Massachusetts, for admitting transgender women.

The probe by the department’s Office of Civil Rights will look at whether the college violated Title IX, a 1972 law forbidding discrimination based on sex in education.

The move is the latest by the Trump administration — whose rhetoric has frequently included attacks on trans people — to limit transgender rights in the U.S. The administration has said that Title IX prevents trans women from participating in women’s sports, suing several states and launching investigations into schools for not complying.

Smith College, a private liberal arts school founded in 1871, has admitted trans women since 2015, along with many other elite women’s colleges.

The school’s admission policies drew attention and sparked on-campus activism in 2013, when a trans high school senior was denied acceptance because her gender identity did not match the one on her financial aid forms.

Its website now says that “any applicants who self-identify as women; cis, trans, and nonbinary women” are eligible to apply to the school. Advocates have supported the shift over the years, saying that women’s colleges were founded to educate those marginalized because of their gender.

The number of women’s colleges in the U.S. has declined from more than 200 to just 30 as of fall of 2023, according to the Women’s College Coalition.

A college spokesperson did not immediately respond to an emailed request for comment.

According to the Department of Education in a news release, Title IX contains an exception that allows colleges to be all-male or all-female, but it only applies “on the basis of biological sex difference, not subjective gender identity.”

The investigation into Smith College stems from a complaint filed with the Office of Civil Rights in June 2025 by the conservative legal group Defending Education.

“DE and its members oppose, among other things, discrimination on the basis of sex in America’s K-12 schools and institutions of higher education,” the organization said in a news release.

During the Biden administration, new Title IX regulations were issued to prevent discrimination based on sexual orientation or gender identity. However, those were struck down by a federal judge in January 2025 who decided the rules had legal shortcomings.

Ding writes for the Associated Press.