West Virginia v. B.P.J.
Issues
May a state prevent transgender girls who have not undergone male puberty from participating in girls’ sports?
This case asks the Court to decide whether states may prevent transgender girls from participating in girls’ sports. West Virginia argues that its statute does not violate Title IX because it makes no distinction on the basis of gender identity and does not violate the Equal Protection Clause because it passes intermediate scrutiny based on the state’s interest in competitive fairness. B.P.J. argues that the statute violates Title IX by discriminating against transgender girls and violates the Equal Protection Clause because the statute is not substantially related to the state’s goal of competitive fairness. This case raises significant concerns about fairness within women’s sports and the safety of transgender and cisgender athletes.
Questions as Framed for the Court by the Parties
(1) Whether Title IX of the Education Amendments of 1972 prevents a state from consistently designating girls' and boys' sports teams based on biological sex determined at birth; and (2) whether the equal protection clause of the 14th Amendment prevents a state from offering separate boys' and girls' sports teams based on biological sex determined at birth.
In April 2021, West Virginia passed H.B. 3293 (the “Act”), a statute preventing students who were biologically male at birth from participating in contact or competitive sports designated for female students. W. VA.
Additional Resources
- Andrew Chung, US Supreme Court to decide legality of transgender school sports bans, Reuters (July 3, 2025).
- Mallory Culhane, Trans Students’ Rights Suits Will Test Split Circuits in 2026, Bloomberg Law (Dec. 29, 2025).
- Sam Kirk, Transgender Athlete Files Brief in West Virginia Sports SCOTUS Case, 12WBOY (Nov. 11, 2025).