Lawsuits against state bans on transgender athletes argue the laws treat transgender students unequally compared to their cisgender peers, violating the Fourteenth Amendment.
A part of the Constitution that says state governments have to treat people equally under the law, with stricter review when laws single out certain groups.
How courts classify transgender status — and the level of scrutiny they apply — shapes whether states must justify such laws with strong evidence or only a reasonable basis.
Courts review laws under rational basis, intermediate scrutiny or strict scrutiny, with sex-based classifications generally receiving intermediate scrutiny requiring an important government interest.
The clause restricts laws and actions by state and local governments, including public schools and state athletic associations.
The U.S. Supreme Court has the final word on what classifications trigger heightened review and whether specific state laws survive constitutional challenge.
A 2023 Supreme Court ruling reshaped how universities can weigh race, ending a practice the Court had permitted for decades.
Read the guide →A June 2023 Supreme Court ruling reshaped a decades-long debate over whether race can factor into who gets into college.
Read the brief →