Bloomberg Law SCOTUS on Transgender Sports Bans
Jan 14, 2026
In this engaging discussion, Suzanne Goldberg, a Columbia Law School professor and expert in sexuality and gender law, explores the Supreme Court's oral arguments on state bans against transgender female athletes. She emphasizes the importance of factual development in these legal battles while addressing fairness concerns raised by the justices. Meanwhile, Marissa Darden, a former federal prosecutor, delves into the intriguing case of Tom Goldstein, highlighting the charges he faces and the complexity of jury perceptions in this high-stakes trial.
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Court Faces Broad Constitutional Stakes
- The Supreme Court justices grappled with large constitutional stakes beyond the immediate sports dispute.
- Suzanne Goldberg noted the cases raise complex factual and scientific gaps that may require fuller records before resolution.
Question Is About Categorical Bans
- The central legal question is whether states can impose categorical bans on all transgender girls and women.
- Goldberg emphasized the record lacks enough science and facts to justify blanket exclusions in these cases.
Losing Isn’t Automatic Proof Of Discrimination
- Justices raised concerns about cisgender athletes' objections but plaintiffs argued that losing alone doesn't prove discrimination.
- Goldberg explained competition outcomes often reflect training, talent, or conditions, not necessarily transgender status.