Despite Supreme Court Ruling in West Virginia Case, Transgender Students in Illinois Still Eligible to Play in Sports Consistent with State Protections

Ed Yohnka, ACLU of Illinois, eyohnka@aclu-il.org, 847-687-1129
Aces Lira, Director of Public Policy, Equality Illinois, alira@eqil.org
Lambda Legal, media@lambdalegal.org

CHICAGO – Earlier today, the Supreme Court of the United States issued a ruling in West Virginia v. BPJ, a case challenge state bans on transgender students participating in school sports activities. The Court’s majority cruelly permit states like West Virginia to ban students from participating in sports – where students can learn about perseverance, dedication, teamwork and having fun with friends. The Court’s ruling is particularly heartless falling at the end of Pride Month – a time of celebration and continued protest for full inclusion of LGBTQ+ folks in our society.

Equality Illinois, Lambda Legal and the ACLU of Illinois – groups long committed to protecting and advancing the rights of all people, including those who are transgender – stand united to note the explicit limits of this ruling. Specifically, the groups note that today’s ruling does not change the policy of the Illinois High School Association, which allows transgender students to seek a waiver to participate on sports teams consistent with their gender identity. Illinois law, which remains in place, continues to recognize the humanity and inherent worth of our trans youth in every aspect of their lives. Our state still requires non-religious schools to ensure transgender students can use facilities consistent with their gender identity — including bathrooms and locker rooms. In short, Illinois public and non-religious private schools cannot discriminate against transgender students, including in sports participation.

The Court did not rule that the Constitution requires states to ban transgender athletes from participating in sports that align with their gender identity. The Court did nothing to prevent states from adopting inclusive policies that protect the ability of all young people to compete on teams with their peers.

In response to the decision, leaders from Equality Illinois, Lambda Legal and the ACLU of Illinois issued the following statements:

"Illinois has made clear that transgender students deserve the same opportunities as every other young person, including the opportunity to participate in school sports. Our laws recognize that discrimination has no place in our schools,” said Channyn Lynne Parker, Chief Executive Officer at Equality Illinois. “While this ruling is narrowly tailored, allowing states to enforce blanket bans that exclude transgender students from every sport, at every age, and at every level of competition does not advance fairness. It sends a message that some young people are less worthy of belonging than others. True fairness means creating opportunities for all students to learn, grow, compete, and be part of their communities. We should be focused on supporting young people, not singling them out."

"Today's ruling is a painful blow, but it does not diminish the strength, bravery, or dignity of transgender youth across this country and here in Illinois, said Christopher Clark, Senior Counsel and Pro Bono Director at Lambda Legal. “Lambda Legal has spent decades fighting for the dignity and full inclusion of LGBTQ+ people and everyone living with HIV, and we will not stop now. Illinois stands as a beacon — its laws affirm that transgender students belong in every classroom, on every team, and in every space their peers occupy. We call on Illinois schools, administrators, and communities to hold that line, know their obligations, and make clear to every transgender student that they are seen, they are valued, and they are not alone."

“The Court’s message to transgender students outside Illinois is a message of exclusion,” added Colleen K. Connell, Executive Director at the ACLU of Illinois. “Students, parents and administrators across Illinois must know that nothing has changed in our state. Transgender students cannot be discriminated against in our public schools – including in school sports. The ACLU of Illinois will continue to uphold Illinois law for everyone.”