Homeland Security Has Issued a Domestic Terror Warning to the LGBTQ+ Community

This story originally appeared on The Advocate.

On Tuesday, the U.S. Supreme Court held in West Virginia v. B.P.J. (decided together with Little v. Hecox) that neither Title IX nor the Equal Protection Clause prevents states from barring transgender girls from girls’ sports. But the majority opinion, written by Justice Kavanaugh, is a narrow one, and its limits are significant. Here are the most important.

It permits these bans—it doesn’t require them

The Court held that states and schools may exclude transgender girls from girls’ and women’s teams. It did not hold that they must. The decision removes a constitutional and statutory obstacle to the bans; it does not impose them. This ruling does not require states and schools that have chosen not to discriminate against transgender girls to abandon those inclusive policies.