Following a U.S. Supreme Court decision that codified protections for state bans on transgender athletes in women's sports, attention is now focused on the 23 states that do not have such laws. Of these, 19 actively permit transgender athletes to compete in girls' sports, while the remaining four have restrictions in place through educational agencies or athletic association rules rather than official state legislation.
California, which has long-standing laws protecting the rights of transgender students to participate in school programs and athletic teams consistent with their gender identity, has stated that the Supreme Court ruling will not alter its current policies. Governor Gavin Newsom's office affirmed the state's commitment to inclusivity, noting that laws like AB 1266, passed in 2013, allow transgender students to compete according to their gender identity.
In Illinois, Governor JB Pritzker's office echoed a similar sentiment of support for LGBTQ+ students, linking to a post on X that stated, "Going after LGBTQ+ kids isn't leadership—it's bullying." The Illinois High School Association has a policy requiring students to submit documentation to their school to compete in accordance with their gender identity.
Hawaii's Department of Education will continue to implement its athletics policies in accordance with state law, allowing participation based on gender identity. Governor Josh Green's office deferred to the department, which confirmed that the Supreme Court's decision does not change current policies or practices.
Nevada Governor Joe Lombardo, however, is advocating for new state legislation to protect girls' sports. Citing the Supreme Court ruling's affirmation of states' authority to protect fair competition, Lombardo plans to push for legislation during the 2027 legislative session, stating that "Nevadans overwhelmingly believe that female athletes deserve a level playing field."
Other states have varied approaches. In Minnesota, the State High School League evaluates transgender athlete participation on a case-by-case basis, without a blanket ban. Colorado protects the right of transgender student-athletes to compete on teams aligning with their gender identity, though a ballot measure in November 2026 could mandate teams based on biological sex.
States like Connecticut, Delaware, Maryland, Massachusetts, Michigan, New Jersey, New Mexico, New York, Oregon, Rhode Island, Vermont, and Washington all have policies that allow students to participate in sports consistent with their gender identity, with varying levels of specific guidance from state athletic associations or broader anti-discrimination laws.
Four states—Pennsylvania, Wisconsin, Alaska, and Virginia—have implemented restrictions through agency-level policies or model guidance rather than state law. Pennsylvania's Interscholastic Athletic Association amended its rules to reference biological sex for member schools receiving federal funding, while Wisconsin's Interscholastic Athletic Association now requires students designated female at birth to participate in girls' competitions. Alaska's School Activities Association adopted a policy barring transgender girls from competing in girls' sports, and Virginia's Department of Education issued model policies requiring participation based on biological sex at birth, with enforcement largely left to individual school districts.
Several governors' offices, including those in Minnesota, Maine, Colorado, Connecticut, Delaware, Massachusetts, Michigan, New Jersey, New Mexico, New York, Oregon, Rhode Island, Vermont, and Washington, did not respond to requests for comment regarding their stance after the Supreme Court ruling.