West Virginia v. B. P. J. | 01/13/26 | Docket #: 24-43
24-43 WEST VIRGINIA V. B.P.J.
DECISION BELOW: 98 F.4th 542
CERT. GRANTED 7/3/2025
QUESTION PRESENTED:
Like everywhere else, West Virginia schools offer separate sports teams for boys
and girls. The West Virginia Legislature concluded that biological boys should compete
on boys' and co-ed teams but not girls' teams. This separation made sense, the
Legislature found, because of the "inherent physical differences between biological
males and biological females."
A parent sued on behalf of her child, B.P.J., arguing that the State must allow
biological boys who identify as girls to compete on girls' teams. After extensive
discovery, the district court disagreed, entering summary judgment for the State on
claims under the Equal Protection Clause and Title IX. Yet a divided Fourth Circuit panel
granted an injunction pending appeal. B.P.J. then beat and displaced hundreds of girls
in track and field.
Ultimately, the same divided panel ruled in B.P.J.'s favor on the Title IX claim and
vacated the district court's judgment for the defendants on the equal-protection claim.
Judge Agee dissented, criticizing the majority for "inappropriately expand[ing] the scope
of the Equal Protection Clause and upend[ing] the essence of Title IX." App.44a. He
hoped this Court would "take the opportunity with all deliberate speed to resolve these
questions of national importance." App.74a
The questions presented are:
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.
LOWER COURT CASE NUMBER: 23-1078, 23-1130
