Oregon leaders celebrate, slam Supreme Court ruling on trans athletes

States can ban transgender women and girls from competing on female sports teams, the U.S. Supreme Court decided in a June 30 ruling celebrated by Oregon’s Republican candidate for governor and criticized by Democrats.

The decision is another setback for the LGBTQ+ community from the high court, which has issued a series of recent rulings against transgender Americans.

The court said West Virginia’s and Idaho’s bans on female transgender athletes do not violate either the Constitution or a federal law barring sex discrimination in education.

Writing for the majority, Justice Brett Kavanaugh said schools “may determine eligibility for women’s and girls’ sports based on biological sex.”

“Separate sports teams for biological males and biological females are reasonable,” he wrote.

In a partial dissent that was joined by her two liberal colleagues, Justice Sonia Sotomayor said she would have given the student challenging West Virginia’s law a chance to show that the ban should not apply to her.

“In opting otherwise, the majority extends great sympathy to those it favors: the young cisgender girls and women who play sports,” she wrote. “Because the majority, however, inflicts a hardship on those it disfavors without giving them the fair and full opportunity the Constitution requires to litigate their contentions, I respectfully dissent.”

Twenty-seven states have passed similar bans, saying they are trying to ensure fairness and address safety concerns for non-transgender women. Similar proposals have not been successful in Oregon.

The transgender students who challenged the laws said hormone therapy and other medical treatments they’ve taken have blocked any physiological advantages from being born male. The laws, they said, should not apply to them for that reason.

The students were also banking on a landmark 2020 Supreme Court decision protecting transgender employees from workplace discrimination.

But since that unexpected 6-3 decision by a conservative court, the justices have often ruled against transgender Americans. That includes their 2025 decision that states can ban gender-affirming care for transgender minors.

Sen. Christine Drazan, Oregon Republican gubernatorial candidate, celebrates ruling

Oregon Republicans have proposed legislation to ban transgender students’ participation in sports.

Sen. Christine Drazan, R-Canby, who will face off against Gov. Tina Kotek in November, raised the issue during an April Republican gubernatorial debate.

“We’ve got to get politics off of our sports fields. No more boys in girls’ sports, no more men in girls’ locker rooms,” Drazan said.

Rep. Ed Diehl, R-Scio, and Chris Dudley, who unsuccessfully ran for the Republican Party’s gubernatorial nomination, promoted similar stances while campaigning.

Drazan issued a statement June 30 in support of the Supreme Court’s ruling.

“This ruling is a victory for fairness, common sense and for the progress achieved by generations of women who fought for and earned the right to compete,” Drazan said. “Girls and young women across Oregon are still competing on an unfair and unsafe playing field.”

Drazan said she’s always supported women’s right to compete and as governor would do everything she could to ensure girls can have a chance to compete.

Diehl also thanked the court for the ruling on social media, saying in part, “this ruling upholds Equal Protection and clarifies Title IX does not force male athletes onto girls’ teams.”

OSAA reviewing ruling, Oregon Democrats speak against court decision

The Oregon School Activities Association, which oversees high school sports and other extracurriculars in Oregon, said it was reviewing the ruling with its legal team.

OSAA’s policies allow students to participate on the team that aligns with their gender identity.

“The association will work with the Oregon Department of Education on the ruling’s impacts on state law and OSAA policy in order to provide updated guidance to member schools as needed,” a spokesperson said in a statement to the Statesman Journal. “The OSAA remains committed to ensuring interscholastic activities remain a safe and welcoming environment for all student-athletes.”

Kotek’s office did not provide comment by deadline.

Two Democratic state representatives issued statements against the justices’ decision.

“Today’s ruling is a devastating departure from decades of civil rights progress. By inviting discrimination, the court has empowered a coordinated effort to push transgender people out of public life altogether. We cannot go backwards on the road to inclusivity,” Rep. Jules Walters, D-West Linn, said.

Rep. April Dobson, D-Happy Valley, similarly criticized the ruling and said she would fight to defend Oregon’s laws.

Kyndall Mason, executive director of Basic Rights Oregon, a nonprofit group that advocates for LGBTQ rights, said in part the group wants to “assure Oregonians that trans kids are still allowed to play in our state.”

Anastasia Mason covers state government for the Statesman Journal. Reach her at acmason@statesmanjournal.com or 971-208-5615.