Today, the West Virginia Attorney General’s Office argued a landmark case before the United States Supreme Court to protect female athletes and ensure fairness and safety in women’s and girls’ sports.
The Supreme Court heard arguments in West Virginia v. B.P.J. The case concerns West Virginia’s Save Women’s Sports Act, a 2021 law that recognizes the inherent physical differences between females and males, by restricting boys from playing on girls’ sports teams involving competitive skill or contact. Male athletes who identify as female may still—like all other biological boys—compete on boys’ or co-ed teams. West Virginia, led by Solicitor General Michael Williams, argued the Sports Act upholds the principles of Title IX and that it does not violate the Equal Protection Clause.
“It’s a great day for the country—but especially for West Virginia— as our daughters have finally had their voices heard in front of this nation’s highest court. West Virginians know that allowing boys to compete against girls is unfair and dangerous, and today, we had the chance to present that argument to the Justices. Their decision in this case will impact the future of women’s sports, women’s and girls’ safety on the playing field, and the promises of Title IX,” Attorney General McCuskey said. “Getting to the Supreme Court to present this argument has been a monumental undertaking, years in the making. My team and I have worked tirelessly to protect equal opportunity for our daughters, mothers, and female friends. I’m confident our efforts will be successful.”
When West Virginia recognized boys were increasingly competing in girls’ sports categories, it acted by passing the Sports Act. West Virginia drew the line at objective biology—a line that makes good sense because sex is what matters when it comes to sports. Gender identity does not. Both Title IX and the Equal Protection Clause make room for this common-sense lawmaking. Title IX permits states to separate athletic teams based on biological sex. The Equal Protection Clause is much the same. West Virginia argued the Sports Act is constitutional because it promotes fairness and safety in women’s sports.
The Court’s decision is expected to be handed down in late June.
Background of the case:
Before the Sports Act took effect, B.P.J. a then-11-year-old male who identifies as female, challenged the Save Women’s Sports Act in West Virginia’s Southern District, claiming it violated Title IX and the Equal Protection Clause. In July 2021, the district court issued a preliminary injunction, allowing the then-Bridgeport Middle School student to continue competing on the girls’ cross-country and track-and-field teams while the case moved forward. In January 2023, after months of discovery and review, the district court reversed itself, dissolved the preliminary injunction, and ruled the Sports Act constitutional by granting summary judgment for West Virginia.
In February 2023, B.P.J. appealed to the Fourth Circuit, which granted B.P.J.’s request to keep playing on the girls’ team while the appeal was being decided. Then in April 2024, a divided Fourth Circuit reversed the district court’s decision and ruled in favor of B.P.J.
In response, West Virginia appealed to the Supreme Court, and in July 2025, the Supreme Court agreed to hear the case.
Throughout this lengthy case, B.P.J. has participated on girls’ sports teams, displacing hundreds of female athletes.
Find out more about the case here.
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