West Virginia v. B. P. J. · ¶1
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 biology. §§18–2–25d(a)(4), (b)(1). The legislature expressly found that prohibiting biological male participation in female sports is necessary to promote equal athletic opportunities for women and girls. See §§18–2–25d(a)(1), (3), (5). Respondent B. P. J., who identifies as female, is a biological…Read in context ›
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