The states that still allow trans athletes in women's sports face questions after Supreme Court ruling
The U.S. Supreme Court has codified the protection of laws in 27 states that prevent biological males from competing in women's sports.
Still, 23 states do not have such a law, and 19 of those states actively allow transgender athletes in girls' sports. The remaining four states restrict participation through state education agencies or athletic association rules rather than official state legislation.
Fox News Digital reached out to the governor's offices in all 23 states with questions about where they stand after the ruling.
California has strong state laws (specifically AB 1266) that explicitly protect the rights of transgender students to participate in school programs and athletic teams consistent with their gender identity. They have been in place for over a decade.
Gov. Gavin Newsom's office said the Supreme Court ruling will not impact California's current setup.
"The Supreme Court’s decision does not affect California’s laws. The state remains committed to ensuring every Californian, including the LGBTQ community, is met with dignity and respect," the spokesperson told Fox News Digital.
A source within Newsom's office provided Fox News Digital a bulleted list titled "As a Governor, Governor Newsom has the strongest record in the country on protecting and expanding transgender rights."
The list included several bragging points, including "making it easier to update gender markers on official documents," and "appointed multiple trans judges."
The list concludes by pointing out, "California is one of 22 states that have laws requiring transgender students to participate in sports consistent with their gender identity. California passed this law in 2013 (AB 1266) and it was signed into law by Governor Jerry Brown."
California is currently being sued by President Donald Trump's Department of Justice after trans athlete AB Hernandez won a pair of girls' state championships in 2025. Hernandez won back-to-back titles in 2026.
The Illinois High School Association (IHSA) handles transgender athlete participation through a formal policy, requiring students to submit documentation to their school to compete in accordance with their gender identity.
Gov. JB Pritzker's office responded with a link to a post by Pritzker on X.
"Going after LGBTQ+ kids isn't leadership — it's bullying. Today's decision is a setback for equality in this nation where every student deserves to learn and belong, no matter their gender. To those in the LGBTQ+ community, know that there's a place for you in Illinois," Pritzker wrote.
The state allows participation based on gender identity, with protections rooted in broader state anti-discrimination laws.
Hawaii Gov. Josh Green's office deferred to the state's Department of Education. The Hawaii Department of Education told Fox News Digital the state will continue to comply with those state laws, and allow males to play in girls' sports.
"The Hawaiʻi State Department of Education will continue to implement its athletics policies in accordance with state law. The Supreme Court's decision does not change our current policies or practices," a spokesperson told Fox News Digital.
While there is no current state law in Nevada to protect girls' sports, Republican Gov. Joe Lombardo has been an active advocate to change that. He now says he will be making a new push to get state legislation passed in light of the Supreme Court ruling.
"Today’s decision by the United States Supreme Court provides important legal clarity and affirms that states have the authority to protect fair competition in girls’ sports. Nevadans overwhelmingly believe that female athletes deserve a level playing field and the opportunity to compete against other biological females," Lombardo said in a statement to Fox News Digital.
"Last week, I announced my intention to ask the Legislature to address this issue during the 2027 legislative session. Today’s ruling only reinforces the need for Nevada lawmakers to act. This is no longer a question clouded by legal uncertainty. It is an opportunity for the Legislature to provide a permanent, common-sense solution that reflects both the law and the will of Nevada voters.
"I remain committed to protecting opportunities for female athletes while treating every Nevadan with dignity and respect. I urge lawmakers from both parties to come together and finally settle this issue for our students, our schools, and Nevada families."
The Minnesota State High School League (MSHSL) maintains a policy that allows transgender athletes to compete on a case-by-case evaluation basis, preventing a blanket ban.
Minnesota's state education agencies are currently being sued by President Donald Trump's Department of Justice for this policy, after a trans pitcher led a girls' softball team to a state championship in 2025.
Gov. Tim Walz's office did not respond to a request for comment.
The Maine Principals' Association allows students to compete on teams that match their gender identity, and the state's human rights act essentially requires such policies be enforced. Maine is also being sued by Trump's Department of Justice for these policies, after Trump and Gov. Janet Mills had an infamous White House spat over the issue in early 2025.
Mills' office did not respond to a request for comment.
Colorado currently protects the right of transgender student-athletes to compete on school and collegiate sports teams that align with their gender identity.
Colorado voters will decide on a November 2026 ballot measure that could mandate teams based on biological sex.
Gov. Jared Polis's office did not respond to a request for comment.
The Connecticut Interscholastic Athletic Conference (CIAC) allows transgender student-athletes to participate in sports consistent with their gender identity without restrictions. Gov. Ned Lamont's office did not respond to a request for comment.
The Delaware Interscholastic Athletic Association (DIAA) allows participation based on gender identity, though the state has seen recent local and political debates surrounding the issue. Gov. Matt Meyer's office did not respond to a request for comment.
The Maryland Public Secondary Schools Athletic Association (MPSSAA) provides statewide guidance explicitly allowing students to participate in sports in accordance with their gender identity. Gov. Wes Moore's office did not respond to a request for comment.
The Massachusetts Interscholastic Athletic Association (MIAA) policy states that students shall not be excluded from participating on teams that align with their gender identity. Gov. Maura Healey's office did not respond to a request for comment.
The Michigan High School Athletic Association (MHSAA) evaluates transgender student participation on a case-by-case basis, generally supporting inclusion while lacking a statewide legislative ban. Gov. Gretchen Whitmer's office did not respond to a request for comment.
The New Jersey State Interscholastic Athletic Association (NJSIAA) allows students to participate on teams consistent with their gender identity without requiring medical documentation. Gov. Mikie Sherrill's office did not respond to a request for comment.
The New Mexico Activities Association (NMAA) currently permits athletic participation based on a student's gender identity. Gov. Michelle Lujan Grisham's office did not respond to a request for comment.
Transgender students are protected under the state's Gender Expression Non-Discrimination Act (GENDA). The state athletic association allows students to play on teams that align with their gender identity. Gov. Kathy Hochul's office did not respond to a request for comment.
The Oregon School Activities Association (OSAA) has a formal policy allowing students to participate on athletic teams consistent with their gender identity. Gov. Tina Kotek's office did not respond to a request for comment.
The Rhode Island Interscholastic League (RIIL) allows participation in sports in accordance with a student's consistently expressed gender identity. Gov. Dan McKee's office did not respond to a request for comment.
The Vermont Principals' Association (VPA) explicitly protects the rights of transgender athletes to participate on athletic teams consistent with their gender identity. Gov. Phil Scott's office did not respond to a request for comment.
The Washington Interscholastic Activities Association (WIAA) maintains a clear, inclusive policy allowing students to participate in athletic programs consistent with their gender identity. Gov. Bob Ferguson's office did not respond to a request for comment.
Restrictions implemented by high school athletic associations or state education agencies
Four of the 23 states have policies in place through state agencies or high school sports associations that protect girls' sports, but do not have official state laws.
The Pennsylvania Interscholastic Athletic Association (PIAA) significantly changed its stance in early 2025. To comply with federal executive orders regarding Title IX funding, the PIAA removed its inclusive "Transgender Policy."
The organization amended its mixed-gender participation rules to reference biological sex rather than gender identity, stating that the rule is binding for member schools that receive federal funding.
Still, there is no official state law.
Gov. Josh Shapiro's office did not respond to a request for comment.
In February 2025, the Wisconsin Interscholastic Athletic Association (WIAA) updated its eligibility policy to mandate that only students designated female at birth are allowed to participate in girls' competitions, explicitly aligning with federal directives. This now functions as an agency-level ban.
Still, Gov. Tony Evers has vetoed attempts to codify the protections in state law.
Evers' office did not respond to a request for comment.
While there is no state law banning transgender athletes, the Alaska School Activities Association (ASAA) voted in 2023 to adopt a policy barring transgender girls from competing in high school girls' sports. This change was implemented at the request of the state's board of education.
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Gov. Mike Dunleavy's office did not respond to a request for comment.
Virginia lacks a legislative ban, but in 2023, the administration under Gov. Glenn Youngkin (and continued under current leadership) issued Department of Education model policies requiring students to participate in sports based on their biological sex at birth. Enforcement largely falls to individual school districts.
Gov. Abigail Spanberger's office did not respond to a request for comment.