CHARLESTON, W.Va. (WVDN) — West Virginia Attorney General JB McCuskey’s office is announcing a landmark victory at the U.S. Supreme Court in West Virginia v. B.P.J. The decision is a huge win for the fairness and safety of female athletes in West Virginia and the rest of the nation.
The justice ruled 9-0 on the Title IX issue and 6-3 on the Equal Protection issue.
The Supreme Court’s decision upholds West Virginia’s Save Women’s Sports Act as both constitutional and lawful under Title IX. The decision overturns a ruling from the Fourth Circuit of Appeals that wrongly concluded that a biological male could participate in girls’ sports in West Virginia, stripping the State of its authority to assign athletic teams based on sex to ensure opportunities for biological females.
“This is a monumental victory for every female athlete who has ever competed, or dreamed of competing, on a fair and safe playing field. Today’s Supreme Court decision affirms what common sense and the law have long made clear: states have the right to designate sports teams based on biological sex, not gender identity. Without that delineation, Title IX is turned on its head, and decades of hard-fought progress to advance female athletes are erased. I am immensely proud of my team for not only getting this issue before the Court but also for delivering sound and successful arguments. This landmark victory will give all states, not just West Virginia, the clarity and confidence to ensure fairness and safety for female athletes today and for generations to come,” Attorney General McCuskey said.
With today’s ruling, West Virginia can fully enforce the Save Women’s Sports Act, which was passed and signed into law in 2021. The law 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, successfully argued the Sports Act upholds the principles of Title IX and that it does not violate the Equal Protection Clause.
West Virginia schools have long assigned athletic teams based on sex to ensure opportunities for females, and today’s ruling allows the state to continue doing so. The decision also provides clarity to other states who have or who are considering similar laws. To date, 27 states have enacted laws or regulations providing that biological boys may not compete in girls’ sports.
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 the U.S. District Court for the Southern District of West Virginia, 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. Attorney General JB McCuskey’s Solicitor General division, led by Michael Williams, argued the case in January 2026.
Throughout this lengthy case, B.P.J. has participated on girls’ sports teams, displacing hundreds of female athletes. As we awaited the Court’s ruling, B.P.J., now a sophomore, won the West Virginia State High School Track Championship in shot put.
You can find out more about West Virginia v. BPJ at ago.wv.gov.
