June 30, 2026, New York – In response to the Supreme Court’s ruling allowing states to ban trans youth and some intersex youth from participating in school sports, the Center for Constitutional Rights released the following statement:

Today's decision confirms what trans and intersex advocates have known for some time: we are in the Plessy v. Ferguson/Bowers v. Hardwick era of trans rights, which is to say that we have entered a period when the legal recognition and legal protections for trans and intersex people are at an all-time low. As was the case for Black Americans after Plessy was rebuked by Brown v. Board of Education, and for the LGBTQIA+ community after Lawrence v. Texas overturned Bowers, eventually this moment will be seen for what it is: a disgrace, a legal wrong, and a failure of moral clarity for which we must atone. 

We stand in solidarity with trans and intersex people as they face a wave of persecution and hatred much more vast than is commonly recognized. A comprehensive campaign years in the making – one that includes a raft of executive orders and federal rules driven by anti-LGBTQIA+ animus, 797 anti-trans bills in 43 states (with exceptions impacting intersex youth), efforts to censor speech and punish professors, cuts to funding for nonprofits that serve LGBTQIA+ people, and shameful kowtowing by hospitals – has endangered the health, rights, and safety of trans and intersex people across the country. 

The anti-trans policymakers and activists have, through their actions and rhetoric, made their goal clear: to terrorize trans people and remove them from public life. 

And yet, with today’s decision, the Supreme Court has once again abdicated duty to be a bulwark against state-sponsored persecution of trans and intersex people that is so severe that, according to the Lemkin Institute for Genocide Prevention and Human Security, trans and intersex people are experiencing the early stages of genocide.

Rather than document this persecutory campaign, the mainstream press has boosted anti-trans propaganda in the deceptive name of “science” and “balance,” while many Democratic Party leaders are sacrificing trans and intersex people on the altar of political expediency. 

We cannot defeat hatred with equivocation, we cannot mollify fascists, sadists, and bigots, and we cannot fixate on the presumed predilections of “swing voters” when the rights and wellbeing of fellow citizens are under sustained assault. What is needed is simple yet elusive: unshakable support from the broad left. 

Awed and inspired by the courage of trans and intersex people in the face of this mounting threat, we are proud to stand with them, and we are eager to join others ready to bring unwavering fierceness and love to this urgent civil rights struggle.