West Virginia v. B. P. J. · ¶142

In 2021, West Virginia banned all transgender girls and women from participating in school sports designated for female students. Dubbed the “Save Women’s Sports Act,” W. Va. Code Ann. §18–2–25d (Lexis 2022), the law’s “sole purpose,” and “its sole effect,” is “to prevent transgender girls from playing on girl[s’] teams.” B. P. J. v. West Vir ginia State Bd. of Ed., 98 F. 4th 542, 550 (CA4 2024). At the time the law was passed, as the District Court found, there was no record of any transgender person participating in school sports in the State, let alone any “‘problem’ with transgender students playing school sports and creating unfair competition or unsafe conditions.” B. P. J. v. West Virginia State Bd. of Ed., 649 F. Supp. 3d 220, 227 (SD W. Va. 2023). West Virginia has since relied on its interests in fair competition and safety to justify the ban.

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