CHARLESTON, W.Va. (WVDN) – West Virginia Attorney General JB McCuskey is preparing for a landmark argument in front of the United States Supreme Court regarding “ensuring fairness and safety in women’s and girls’ sports.”
On January 13, 2026, the Supreme Court will hear arguments in West Virginia v. B.P.J. The case concerns West Virginia’s Save Women’s Sports Act, a 2021 law relating to physical differences between females and males. The Sports Act says that male students cannot compete on girls’ sports teams involving competitive skill or contact. Athletes who are transgender girls may still compete on boys’ or co-ed teams. The Supreme Court will decide whether the Sports Act violates Title IX or the Equal Protection Clause.
“This case is monumental not only for West Virginia, but for our entire country. The outcome will impact the future of women’s sports, the promises of Title IX, and the safety of our daughters,” Attorney General McCuskey said. “We are hopeful that the Supreme Court will uphold the Save Women’s Sports Act and agree with what West Virginia has been saying for years: biological sex matters in sports, and allowing males to compete against female athletes is unfair and dangerous.”
BACKGROUND OF THE CASE:
Before the law took effect, B.P.J., a then-11-year-old transgender girl, 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.
