Live Coverage: West Virginia v. B.P.J. SCOTUS arguments

WASHINGTON – The U.S. Supreme Court today held oral arguments in two landmark cases challenging state laws banning transgender youth from participating in interscholastic and intercollegiate sports. Lambda Legal, the American Civil Liberties Union (ACLU), and Legal Voice filed two challenges, West Virginia v. BPJ and Little v. Hecox, on behalf of two transgender female athletes – one in West Virginia and one in Idaho – who were categorically barred by West Virginia and Idaho state law from participating on the girls’ and women’s sports teams at their schools. Attorneys for the two transgender athletes argued today that the bans violate the rights of transgender and cisgender female students under the Equal Protection Clause of the Fourteenth Amendment of the U.S. Constitution. In addition, in West Virginia v. B.P.J. they argued that West Virginia’s ban violates Title IX, the federal law prohibiting sex discrimination in educational programs. Federal courts have blocked enforcement of these bans in both lawsuits. “Becky simply wants to be with her teammates on the track and field team, to experience the camaraderie and many documented benefits of participating in team sports,” said Sasha Buchert, Counsel, Nonbinary & Transgender Rights Project Director, Lambda Legal. “It has been amply proven that participating in team sports equips youth with a myriad of skills – in leadership, teamwork, confidence, health. On the other hand, denying a student the ability to participate is not only discriminatory, but harmful to a student’s self-esteem, sending a message that they are not good enough and deserve to be excluded. That is the argument we made today and that we hope resonated with the justices of the Supreme Court”. “This case is about the ability of transgender youth like Becky to participate in our schools and communities,” said Joshua Block, Senior Counsel for the ACLU’s LGBTQ & HIV Project. “School athletics are fundamentally educational programs, but West Virginia’s law completely excluded Becky from her school’s entire athletic program even when there is no connection to alleged concerns about fairness or safety. As the lower court recognized, forcing Becky to either give up sports or play on the boys’ team–in contradiction of who she is at school, at home, and across her life–is really no choice at all. We are glad to stand with her and her family to defend her rights, and the rights of every young person, to be included as a member of their school community, at the Supreme Court.” Since 2020, 27 states have banned transgender youth from playing school sports. Many of these bans allow for invasive forms of sex testing that put all female student-athletes at risk and embolden intrusive challenges to student-athletes' sex. “I play for my school for the same reason other kids on my track team do–to make friends, have fun, and challenge myself through practice and teamwork,” said 15-year-old Becky Pepper-Jackson of Bridgeport, West Virginia. “And all I’ve ever wanted was the same opportunities as my peers. But in 2021, politicians in my state passed a law banning me–the only transgender student athlete in the entire state–from playing as who I really am. This is unfair to me and every transgender kid who just wants the freedom to be themselves. “After West Virginia banned Becky from participating on the girls’ team, our family decided to bring this case for a very simple reason: We want Becky to have the same freedoms and opportunities as her peers,” said Heather Jackson, mom of Becky Pepper-Jackson. “It’s hard enough to be a kid, but I have watched as politicians in my state and across the country have targeted young people like Becky. She is not trying to get a leg up on anyone or demand special treatment. She wants and deserves the same opportunities as any other girl in her school, and we think any loving parent would fight for the same for their family.” While the justices heard arguments inside the court, outside of the court, hundreds of rally goers traveling from across the country gathered in support of the plaintiffs and the importance of equal access to interscholastic and intercollegiate sports teams, which provide teammates many benefits beyond sports itself. The Fight for the T in Team rally featured a range of speakers, including transgender youth, transgender and cisgender athletes, supportive parents, organizers, civil rights leaders, faith leaders, performers, members of Congress, and more. Photography from the event will be made available for public use shortly. In Florida, a 15-year-old junior varsity volleyball player was the subject of a police investigation after an anonymous accusation, prompting local officials to draft a 500-page report investigating her medical history, body weight, and anatomy. In Utah, a teenage basketball player was accused of being transgender by a member of the state board of education, leading to threats of violence against her and her family, and a teenager in Maine faced a similar attack from a state senator. In May, President Donald Trump similarly targeted a 16-year-old transgender girl for participating in a high school track meet. Under an Arizona ban, a cisgender male student was prohibited from participating on the boys’ team at his high school because of a clerical error that listed him as female on his original birth certificate. Many women athletes have spoken out against bullying and discrimination against transgender student-athletes, including Billie Jean King, Megan Rapinoe, Dawn Staley, Sue Bird, and Brianna Turner, as well as leading organizations fighting for gender equality in athletics, including the Women’s Sports Foundation, the Women’s National Basketball Player’s Association, and the National Women’s Law Center. A decision is expected in the two cases in the spring or early summer of 2026. Click here for more information about West Virginia v. BPJ and Little v. Hecox.

NEW YORK – Today, the American Civil Liberties Union announced the launch of More Than A Game, a national public awareness campaign in support of transgender youth and their families and rejecting political efforts to divide women and girls. Ahead of oral arguments at the U.S. Supreme Court in West Virginia v. BPJ and Little v. Hecox — two cases challenging state laws that ban transgender girls from participating in school sports — More Than A Game responds with a powerful message of unity, fairness, and shared values featuring prominent public figures such as Megan Rapinoe, Sue Bird, Elliot Page, Brianna Turner, Naomi Watts, and a group of young people, including the lead plaintiff in one of the cases, among others. The More Than A Game campaign will launch with its first ad buys during the Unrivaled women’s basketball series on January 12 and will continue through in-person activations at Unrivaled playoff games in Miami in early March, featuring a 30-second ad with athletes, celebrities, artists, advocates and youth, both cisgender and transgender. “This week the Supreme Court is set to consider a case that will have major implications for women’s sports, civil rights and the future of our country,” said U.S. Women’s National Team legend and two-time World Cup winner Megan Rapinoe. “I am not going to be tricked into sacrificing hard fought civil rights protections because of anti-trans rhetoric. All women will be harmed if the Court rules against the young trans people at the center of these cases and I wanted to make unambiguously clear that I am on the side of equality and justice.” The campaign features exclusive merchandise designed by award-winning fashion designer and ACLU Artist Ambassador Willy Chavarria. The photos were captured by artist and fashion photographer Collier Schorr and videography captured by Sundance award-winning writer and director Alessandra Lacorazza.

ATLANTA – The American Civil Liberties Union and the ACLU of Florida filed an amicus brief in Parnell v. School Board of Escambia County today, arguing that the First Amendment prevents the government from removing books from school libraries for ideological reasons. And Tango Makes Three, written by Peter Parnell and Justin Richardson and illustrated by Henry Cole, was removed from schools in Escambia County, Florida in 2023 because of its depiction of two male penguins raising a chick together. The book, based on real penguins at the Central Park Zoo, has won multiple literary awards and is widely beloved by parents and educators. Parnell and Richardson filed suit in 2023 alongside a student in Escambia County schools, arguing that the book’s removal violated the First Amendment. “Removing a book from the library explicitly because of its perceived ideological leanings is antithetical to the First Amendment,” said Emerson Sykes, senior staff attorney with the ACLU’s Speech, Privacy, and Technology Project. “The pedagogical value of And Tango Makes Three has never been questioned by the school board, and similar books with heterosexual penguins remain on the shelf. The government has no business deciding which types of penguins, books, or relationships we can read about.” In response to the lawsuit, Escambia County attempted to advance the argument that books in school libraries are government speech and therefore exempt from First Amendment protections. In October, a federal judge in the Northern District of Florida sidestepped the government speech argument but nevertheless ruled in Escambia County’s favor, saying school libraries are not a public forum and therefore the First Amendment does not apply. “Students deserve to see families that look like theirs reflected in the books they read, and to have the opportunity to read about people (and penguins) that differ from themselves,” said Shana Knizhnik, senior staff attorney with the ACLU’s LGBTQ & HIV Project. “This case is about more than one picture book: it’s about whether the government can control what we write, what we read, and what we share with one another. Students in Escambia County have every right to check out And Tango Makes Three or any other book they want without fear that the government will take it off the shelf for political reasons.” Plaintiffs filed an appeal with the Eleventh Circuit Court of Appeals in October. The ACLU’s amicus brief outlines why the government speech doctrine does not apply to library catalog curation and that the First Amendment applies to library book removals. The ACLU’s amicus brief can be read here.

WASHINGTON–Today, the American Civil Liberties Union condemned the Trump administration’s latest proposals to implement two nationwide rules that would significantly shut down access in hospitals to gender-affirming medical care for transgender youth. The proposed measures follow the recent House passage of legislation aimed at criminalizing such care and represent an unprecedented federal intrusion into the private medical decisions of families and their doctors. The administration’s proposal seeks to block the provision of evidence-based, medically necessary care for transgender people under 18—care that is supported by every major medical association in the United States, including the American Medical Association and the American Academy of Pediatrics. “These gratuitous proposals are cruel and unconstitutional attacks on the rights of transgender youth and their families,” said Chase Strangio, Co-Director of the ACLU’s LGBTQ & HIV Rights Project. “By attempting to strip away essential healthcare, the administration is not 'protecting' anyone; it is weaponizing the federal government to target a vulnerable population for political gain. Healthcare decisions belong to families and their doctors, not politicians. The latest proposals from the administration would force doctors to choose between their ethical obligations to their patients and the threat of losing federal funding. It would uproot families who have already fled state-level bans, leaving them with nowhere to turn for the care they need to survive and thrive. “We have seen the devastating consequences of similar policies at the state level, and we have fought them every step of the way. Let us be clear: If this administration moves forward with this attempt to enact a national ban on our medical care through coercion, the ACLU will see them in court. We will not rest until the rights of transgender youth to live authentically and access the care they need are fully protected.”