Supreme Court justices appeared Tuesday to favor states’ arguments for keeping transgender athlete bans in female sports.While several conservative justices on the nine-member court appeared skeptical of arguments that bans broadly discriminate on the basis of sex and gender identity, the liberal justices suggested the athletes could still narrowly challenge their individual circumstances.
“Given that half the states are allowing it, allowing transgender girls and women to participate, about half are not, why would we at this point, just the role of this court, jump in and try to constitutionalize a rule for the whole country while there’s still, as you say, uncertainty and debate?” Justice Brett Kavanaugh asked.
The court has six justices who are considered conservative leaning and three considered liberal leaning.
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