27 States Shielded, 23 Not: Supreme Court Ruling Fractures Transgender-Athlete Policy Across the U.S.
The U.S. Supreme Court has codified women's sports protections in 27 states that prohibit biological males from competing in girls' athletic programs, leaving 23 states outside that statutory shield — 19 of which actively allow transgender athletes to compete on gender-identity grounds. Most governors in those 23 states declined to respond to questions about their positions following the ruling; California, Illinois, and Hawaii said they will hold their current inclusive policies, while Nevada's Republican governor announced a push for new legislation.
The U.S. Supreme Court has codified women's sports protections in 27 states that prohibit biological males from competing in girls' athletic programs, leaving 23 states outside that statutory shield — 19 of which actively allow transgender athletes to compete on gender-identity grounds. Most governors in those 23 states declined to respond to questions about their positions following the ruling; California, Illinois, and Hawaii said they will hold their current inclusive policies, while Nevada's Republican governor announced a push for new legislation.
A Divided Map: 19 States Actively Allow Transgender Participation
Of the 23 states without a law protecting girls' sports, 19 permit transgender athletes to compete under policies rooted in gender identity. Four others — Pennsylvania, Wisconsin, Alaska, and Virginia — have imposed restrictions through athletic associations or state education agencies rather than formal legislation, stopping short of a statutory ban.
California pointed to AB 1266, signed by then-Governor Jerry Brown in 2013, as existing law the Supreme Court ruling cannot override. Governor Gavin Newsom's office stated the decision "does not affect California's laws." Illinois Governor JB Pritzker called the ruling "a setback for equality," while Hawaii's Department of Education said it will continue implementing its athletics policies in accordance with state law.
Federal Pressure: DOJ Suits Already Filed Against Three States
The Trump administration's Department of Justice has moved against at least three states. California faces a federal lawsuit following transgender athlete AB Hernandez winning girls' state championships in 2025 and back-to-back titles in 2026. Minnesota's state education agencies are also under suit after a transgender pitcher led a girls' softball team to a state championship in 2025; the Minnesota State High School League evaluates transgender participation case by case rather than imposing a blanket ban. Maine faces similar federal action, the state having drawn national attention after a public dispute between President Trump and Governor Janet Mills at the White House in early 2025.
Governors in Colorado, Connecticut, Delaware, Maryland, Massachusetts, Michigan, Minnesota, Maine, New Jersey, New Mexico, New York, Oregon, Rhode Island, Vermont, and Washington did not respond to requests for comment. Colorado voters will separately decide a November 2026 ballot measure that could mandate teams based on biological sex.
Nevada Eyes 2027 Legislation; Four States Rely on Agency-Level Rules
Nevada has no current state law on the issue, but Republican Governor Joe Lombardo said the ruling provides legal clarity he will use to press the Legislature when it convenes for the 2027 session, calling the decision an opportunity to deliver "a permanent, common-sense solution."
Four states have moved through agencies rather than statute. Pennsylvania's interscholastic athletic association amended its rules in early 2025 to reference biological sex in order to comply with federal Title IX executive orders. Wisconsin's equivalent body updated eligibility rules in February 2025, limiting girls' competitions to students designated female at birth — a change that functions as an agency-level ban even though Governor Tony Evers has vetoed legislative attempts to codify it. Alaska's school activities association adopted a similar bar in 2023 at the request of the state board of education. Virginia issued Department of Education model policies in 2023 requiring participation based on biological sex, with enforcement delegated to individual school districts.
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Filed by the newsroom of MarketPR on July 3, 2026. Source: MarketPR. Indicative figures are not investment advice.