Washington (November 19, 2025) – Senator Edward J. Markey (D-Mass.) joined Senator Mazie K. Hirono (D-HI), Congressional Equality Caucus Co-Chair Representative Becca Balint (D-VT), and Democratic Women’s Caucus Chair Representative Teresa Leger Fernández (D-NM) and over 100+ members of Congress in filing an amicus brief with the Supreme Court in the cases of West Virgina v. B.P.J. and Little v. Hecox, where the Court will be considering whether categorical bans on transgender students participating in school sports consistent with their gender identity violate Title IX and the Equal Protection Clause.

The brief, which argues that categorical bans on transgender students participating in school sports violate Title IX and the Equal Protection Clause, was joined by seven of Senator Markey's and Senator Hirono's colleagues in the Senate, and over 120 Representatives.

In their brief, the Members argue that categorical bans on transgender students participating in school sports violate Title IX and the Equal Protection Clause.

The brief highlights:

  1. How categorical bans harm all girls and women—including cisgender girls and women—through harassment and policing of children’s “reproductive biology;”
  2. How categorical bans both undermine the ability of transgender students to participate in their school community and are not substantially related to an important government interest; and
  3. The recent failures to amend Title IX to enact a categorical ban.

The brief includes examples where a school athletic association secretly investigated a cisgender female student without telling her parents, where a school board member falsely suggested that a high school basketball athlete was transgender—subjecting her to relentless harassment and bullying, and another example where investigators repeatedly asked individuals to describe a student in various stages of undress.

The amicus brief was joined in the Senate by Senators Tammy Baldwin (D-Wisc.), Jeff Merkley (D-Ore.), Patty Murray (D-Wash.), Alex Padilla (D-Calif.), Adam Schiff (D-Calif.), Elizabeth Warren (D-Mass.), and Ron Wyden (D-Ore.).

The full text of the amicus brief is available HERE.

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