BOSTON — The U.S. Supreme Court today ruled that under federal law, states may ban transgender girls and women from school sports teams that match their gender identity, asserting that such bans do not violate either the equal protection clause of the 14th Amendment or Title IX’s prohibition on sex discrimination. Nationwide, 27 states have implemented such bans.
However, the court explicitly noted that its decision does not require states to implement such bans.
For years, Massachusetts has proudly upheld the right for all students to participate fully in public education. State law expressly prohibits discrimination on the basis of sex, sexual orientation, and gender identity. And it protects equal access to public school education and school programming—including athletics— for all students.
As both the law and guidance from the Department of Elementary and Secondary Education make clear, public school students across the Commonwealth are entitled to join teams and use restrooms consistent with their gender identity. Nothing in today’s ruling alters those rights in Massachusetts.
Carol Rose, executive director of the ACLU of Massachusetts, issued the following statement in response to the Supreme Court ruling:
“Today’s ruling is devastating for transgender youth and for all who believe in equality. It invites discrimination. It enables bigotry. reverses decades of civil rights progress.
“At the same time, it’s important to recognize that nothing in this shameful decision compels states or school districts to discriminate.
"Massachusetts has proudly stood by our values of inclusion, opportunity, and equality for years — and we must continue to do so.
“Our Commonwealth can and must retain strong protections for transgender students, including their right to participate in the sports teams that match their gender identity. And every person who believes in equality can and must do their part to elect and support officials who share that commitment at every level of government, starting with school boards and town councils.
“We will never stop fighting for dignity, equality, and inclusion — for our transgender friends, family, and allies, and for everyone targeted by bigotry and hatred.”
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