U.S. Supreme Court to Hear West Virginia Sports Law Case on January 13

CHARLESTON, W.Va. — West Virginia Attorney General JB McCuskey is preparing to argue before the United States Supreme Court in a case that will determine the future of the state’s 2021 Save Women’s Sports Act.
The Supreme Court is scheduled to hear West Virginia v. B.P.J. on January 13, 2026. The case centers on whether the state law—which restricts participation on girls’ sports teams to students identified as female at birth—violates Title IX or the Equal Protection Clause.
The Save Women’s Sports Act was passed in 2021, with lawmakers stating the intent was to preserve competitive fairness and safety in girls’ and women’s athletics. Under the law, male students, including those who identify as female, may participate on boys’ or co‑ed teams but not on girls’ teams involving competitive skill or contact.
The legal challenge began when B.P.J., an 11‑year‑old student who identifies as female, sued the state before the law took effect. A federal district court initially blocked the law in 2021, allowing the student to continue competing on girls’ cross‑country and track teams. In 2023, the district court reversed course and upheld the law, but the Fourth Circuit Court of Appeals later reinstated the injunction and ruled in favor of B.P.J.
West Virginia appealed to the Supreme Court, which agreed in July 2025 to take up the case. The Court’s decision is expected to clarify how Title IX and constitutional protections apply to state laws governing school athletics.