Photo of Becky, a white girl with blonde hair wearing clear-framed glasses and a tie-dyed rainbow t-shirt.

B.P.J. v. West Virginia State Board of Education

Location: West Virginia
Court Type: U.S. Supreme Court
Status: Ongoing
Last Update: June 13, 2025

What's at Stake

Becky is a student in West Virginia who is starting high school. Three years ago, as Becky was preparing to begin middle school, West Virginia passed a law categorically banning transgender girls from participating in all school sports. Becky loves being part of a team and wanted to be able to participate in cross-country and track and field with her friends. She sued, arguing that West Virginia's law violated the Constitution and Title IX as applied to her, especially because she has received medication from the onset of puberty and has never experienced any physiological changes associated with puberty for boys. As a result of an injunction issued by the lower courts, she has been able to participate in middle school cross-country and track and field for the past three years. Becky and her mother are represented by the ACLU, the ACLU of West Virginia, Lambda Legal and Cooley LLP.

Over 75 anti-trans laws were introduced in 2021. Among them was HB 3293 in West Virginia which bans girls who are transgender from participating in school sports. This law was signed by Gov. Jim Justice despite his inability to name any transgender athletes in West Virginia. This ban, and laws like it, are opposed by women athletes, women’s sports organizations and medical experts.

The lawsuit, filed in federal court, alleges that banning Becky from participating in school sports with other girls just because she transgender is unconstitutional violates Title IX, which prohibits sex discrimination in schools receiving federal funding.

As a result of an injunction issued by the lower courts at the beginning of the case, she has been able to participate in middle school cross-country and track and field for the past three years. On April 16, 2024, the U.S. Court of Appeals for the Fourth Circuit held that West Virginia’s law excluding Becky from participating on girls’ teams violated Title IX and that the district court should not have dismissed her equal protection claim.

On June 30, 2025, the Supreme Court granted West Virginia's request to review that decision.

 

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