Supreme Court Term 2025-2026

Becky is a student in West Virginia who is starting high school. Three years ago, as Becky was preparing to begin middle school, West Virginia passed a law categorically banning transgender girls from participating in all school sports. Becky loves being part of a team and wanted to be able to participate in cross-country and track and field with her friends. She sued, arguing that West Virginia's law violated the Constitution and Title IX as applied to her, especially because she has received medication from the onset of puberty and has never experienced any physiological changes associated with puberty for boys. As a result of an injunction issued by the lower courts, she has been able to participate in middle school cross-country and track and field for the past three years. Becky and her mother are represented by the ACLU, the ACLU of West Virginia, Lambda Legal and Cooley LLP.

In 2021, the Department of Homeland Security announced the establishment of the Center for Prevention Programs and Partnerships, also known as CP3, and a domestic terrorism branch within the Office of Intelligence and Analysis. These initiatives are a product of DHS's new measures to address domestic violent extremism, and little is known about these programs and the effects they'll have on members of the public. DHS has a history of similar harmful programs, which have targeted communities of color, immigrants and Muslim communities. The public has a right to know about the impacts of CP3 and the I&A domestic terrorism branch on the civil rights, liberties and privacy of communities of color, immigrants and other marginalized communities. In 2022, the ACLU submitted a FOIA request to compel the government to release information about these initiatives. It is imperative that the public gain a greater understanding about the policies, practices, methods and goals of both CP3 and the I&A domestic terrorism branch. After DHS produced records, the ACLU dismissed the case in February 2026.

Thousands of school districts across the country operate with nondiscrimination policies inclusive of their transgender students, including the legal right for these students to access facilities (bathrooms, locker rooms, etc.) consistent with their gender identity. These policies help protect transgender students from harassment, being isolated from their peers, and thrive in a learning environment that believes in their fundamental rights.