- United States
- Mich.
- Letter
The Supreme Court's 6-3 ruling in Little v. Hecox and West Virginia v. B.P.J. is a direct attack on transgender young people's ability to participate in public life, and I need you to advance federal legislation to correct it. The majority's decision — that Title IX's reference to sex means only sex assigned at birth — ignores the lived realities of transgender students and contradicts Justice Ketanji Brown Jackson's plain reading that "Title IX makes room for individuals to live in the gender they choose."
This ruling didn't resolve contested facts. It shut down two students' constitutional claims before lower courts could even examine the evidence. Justice Sotomayor was right: the majority "inflicts a hardship on those it disfavors without giving them the fair and full opportunity the Constitution requires." Lindsay Hecox just wanted to run track. Becky Pepper-Jackson just wanted to play on her school's team. These are kids, not a crisis.
Conservative lawmakers spent years manufacturing an emergency around a problem that affects a vanishingly small number of students. Congress has the authority to clarify Title IX's protections and restore what this court took away. I expect you to use it.