West Virginia v. B. P. J.
609 U. S. ___ (2026) · 6/30/26
Title IX allows schools to provide separate women’s and men’s sports teams defined by biological sex; West Virginia and Idaho did not violate the Equal Protection Clause of the Fourteenth Amendment by maintaining female sports teams for biological females.
Edition: slip opinion
Voices: Syllabus — prepared by the Reporter of Decisions · Justice Kavanaugh delivered the opinion of the Court. · Justice Thomas, concurring. · Justice Gorsuch, concurring. · Justice Sotomayor, with whom Justice Kagan and Justice Jackson join, concurring in the judgment in part and dissenting in part. · Justice Jackson, concurring in the judgment in part and dissenting in part.
The question before the Court in these cases is whether, under Title IX and the Equal Protection Clause of the Fourteenth Amendment, schools may maintain women’s and girls’ sports teams for biological females, i.e., may schools determine eligibility for female sports based on biological sex? In the past six years, 27 States have enacted laws that maintain female sports for biological females. In 2021, West Virginia enacted the Save Women’s Sports Act, which prohibits male students from playing on female teams. W. Va. Code Ann. §§18–2–25d(c)(2)–(3). The law specifies that sex is determined by…
—————— *Together with No. 24–38, Little, Governor of Idaho, et al. v. Hecox etRead it in the reading room ›