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No. 24-43October Term 2025Decided Jun 30, 2026Updated Sep 5, 2026Also known as “the transgender sports case” or “the West Virginia trans athlete case”

Docket 24-43October Term 2025 (2025–2026)

Transgender athletes in girls' sports

West Virginia v. B. P. J., By Her Next Friend and Mother, Heather Jackson

West Virginia, et al., Petitioners v. B. P. J., By Her Next Friend and Mother, Heather Jackson

West Virginia and Idaho won: schools may keep female sports teams for biological females under Title IX and the Equal Protection Clause.

Case status

1. Title IX allows schools to provide separate women’s and men’s sports teams defined by biological sex, and West Virginia has permissibly maintained female sports for biological females consistent with Title IX. 2. West Virginia and Idaho did not violate the Equal Protection Clause of the Fourteenth Amendment by maintaining female sports teams for biological females. No. 24–43, 98 F. 4th 542, and No. 24–38, 104 F. 4th 1061, reversed and remanded.

Decided 6-3 · June 30, 2026 · Opinion by Justice Kavanaugh

Read the opinion (PDF)
Current stage
Decided
Latest event
Decision released Jun 30, 2026
Argued alongside
Case AcceptedJul 3, 2025
Arguments HeardJan 13, 2026
Decision ReleasedJun 30, 2026
What it's about

The Supreme Court held that Title IX permits schools to keep girls’ and women’s sports teams limited to students classified as female based on biological sex, and that West Virginia’s policy did not violate the Equal Protection Clause. The Court reversed the Fourth Circuit, ruling for West Virginia and Idaho in the jointly decided cases.

Question presented

1. Whether Title IX prevents a state from consistently designating girls' and boys' sports teams based on biological sex determined at birth? 2. Whether the Equal Protection Clause prevents a state from offering separate boys' and girls' sports teams based on biological sex determined at birth?

Case path

United States Court of Appeals for the Fourth Circuit / Decision released Jun 30, 2026

Area

Civil Rights

Decision

Decision record

What the Court decided

1. Title IX allows schools to provide separate women’s and men’s sports teams defined by biological sex, and West Virginia has permissibly maintained female sports for biological females consistent with Title IX. 2. West Virginia and Idaho did not violate the Equal Protection Clause of the Fourteenth Amendment by maintaining female sports teams for biological females. No. 24–43, 98 F. 4th 542, and No. 24–38, 104 F. 4th 1061, reversed and remanded.

Result
Reversed

Impact

Students seeking to play on girls’ or women’s school teams are directly affected. Schools may limit those teams to biological females under Title IX. For example, West Virginia may require a transgender girl to compete on boys’ or co-ed teams. The ruling lets states determine female-team eligibility using biological sex alone. It also holds such policies satisfy equal protection (the constitutional guarantee of equal treatment).

Not official Court text.

Briefing

What it's about

The Supreme Court ruled that Title IX allows schools to limit girls' and women's sports teams to students classified as female based on biological sex. It also ruled that West Virginia's policy did not violate the Equal Protection Clause, reversing the Fourth Circuit.

Vote

Justice Kavanaugh wrote the 6–3 opinion, joined by Chief Justice Roberts and Justices Alito and Barrett; Justices Thomas and Gorsuch concurred; Justices Sotomayor, Kagan, and Jackson dissented.

The Court ruled 6-3 for West Virginia and Idaho. Justice Brett M. Kavanaugh wrote the Court's opinion, joined by Chief Justice John G. Roberts, Jr., and Justices Samuel A. Alito, Jr., and Amy Coney Barrett; Justices Clarence Thomas and Neil Gorsuch wrote concurrences. Justice Sonia Sotomayor wrote a dissent joined by Justices Elena Kagan and Ketanji Brown Jackson, who also wrote separately.

Title IX allows schools to provide separate women’s and men’s sports teams defined by biological sex

Justice Brett M. Kavanaugh(majority)

In the five years since the ban has been in place, B. P. J. is the only transgender girl publicly identified in the State who has sought to play sports with other girls.

Justice Sonia Sotomayor(dissent)

Impact

States and schools may maintain separate girls' and boys' teams based on biological sex. For example, a school may limit a girls' team to students classified female at birth under this decision.

What's next

The cases return to the lower courts for further proceedings consistent with the Supreme Court's decision. States, schools, and agencies must apply the decision when administering sex-separated school sports teams.

What did the Supreme Court rule in West Virginia v. B. P. J.?

The Court ruled that Title IX permits separate sports teams based on biological sex. It also found West Virginia's policy constitutional.

Who won West Virginia v. B. P. J.?

West Virginia and Idaho won. The Court reversed the Fourth Circuit and the related lower-court judgment.

What does West Virginia v. B. P. J. mean for school sports teams?

Schools may maintain girls' and women's teams for students classified female based on biological sex. The decision applies under Title IX and the Equal Protection Clause.

Is sex-separated school sports still the law after West Virginia v. B. P. J.?

Yes. The Court said Title IX allows separate women's and men's teams defined by biological sex.

What happens next in West Virginia v. B. P. J.?

The cases return to the lower courts. They must take further action consistent with the Supreme Court's decision.

Timing

Decided June 30, 2026

The Court released its decision 168 days after oral argument on January 13, 2026. The median for cases argued in January is 127 days.

Based on 30 merits cases argued in January since 1995.Argument and decision days

Activity

Docket activity8
  • AI analysis generated: Case Briefing

    Sep 5, 2026 | Generated

  • AI analysis generated: Decision Record

    Sep 5, 2026 | Generated

  • AI analysis generated: Impact Analysis

    Sep 3, 2026 | Generated

  • AI analysis generated: Opinion Summary

    Sep 3, 2026 | Generated

  • Opinion added: Opinion of the Court - BK

    Jun 30, 2026 | Court records

  • Brief added: Questions Presented

    Mar 8, 2026 | Court records

  • Audio Recording added: Oral Arguments - West Virginia v. B. P. J.

    Jan 13, 2026 | Court records

  • Brief added: Petition

    Jul 11, 2024 | Court records

Coverage

The Supreme Court ruled that states may bar transgender girls from girls' school sports teams. The case began after West Virginia's law was challenged by B.P.J., a transgender student.