Supreme Court to hear West Virginia’s transgender athlete law case

CHARLESTON, W.Va. (WBOY) — The U.S. Supreme Court has agreed to hear West Virginia v. B.P.J., according to Attorney General JB McCuskey, which will decide if the state’s Save Women’s Sports Act and similar laws are constitutional.

The case of West Virginia v. B.P.J., which involves a transgender Bridgeport student, has been ongoing since 2021. West Virginia’s Save Women’s Sports Act requires student athletes to compete based on the sex they were assigned at birth. B.P.J., who was in middle school when the lawsuit was first filed, was assigned male at birth but is transgender and identifies as a girl.

B.P.J. has been temporarily allowed to compete on the girls track team at Bridgeport due to injunctions and a ruling in the Fourth Circuit Court of Appeals last year that deemed the Save Women’s Sports Act was unconstitutional.

B.P.J., who is now a high school freshman, placed third in the girls shot put at the 2025 West Virginia State Track Meet, sparking political statements by other athletes.

According to McCuskey, the Supreme Court is expected to hear this case during its October 2025 term.

West Virginia GOP politicians have been calling for the Supreme Court to take the case for years.

“We are confident the Supreme Court will uphold the Save Women’s Sports Act because it complies with the U.S. Constitution and complies with Title IX. And most importantly: it protects women and girls by ensuring the playing field is safe and fair,” McCuskey said in a press release Wednesday.

“After years of work as Attorney General defending West Virginia’s common sense law preventing men from playing in women’s sports, I am very appreciative that the U.S. Supreme Court has announced that it will now hear the case I brought to them last year,” West Virginia Gov. Patrick Morrisey said on social media.

Although the lawsuit is in West Virginia, the case will determine the future of similar laws across the country and could transform school sports in America.

The Supreme Court will decide 1. whether Title IX 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 prevents a state from offering separate boys’ and girls’ sports teams based on biological sex determined at birth.

You can read the cert petition here.