CHARLESTON, WV (LOOTPRESS) – As the U.S. Supreme Court prepared for oral arguments today in West Virginia v. B.P.J., Governor Patrick Morrisey has reaffirmed his long-standing commitment to protecting fairness, safety, and equal opportunity for female athletes.
“While serving as Attorney General, I led the appeal of West Virginia’s case that brought this issue before the Supreme Court,” Governor Morrisey said. “This has been a years-long effort to uphold common sense and protect the integrity of women’s sports.”
Arguments will also be heard in the related case, Little v. Hecox, challenging Idaho’s 2020 Fairness in Women’s Sports Act. For many years, Governor Morrisey has remained a leading voice on the issue.
“Boys competing against girls in sports is just plain wrong and unfair,” Governor Morrisey said.
West Virginia v. B.P.J. stems from a challenge to West Virginia’s 2021 Save Women’s Sports Act, which defines “female” as “an individual whose biological sex determined at birth is female.” In January 2023, a federal district judge upheld the law, ruling that it was constitutionally permissible for the Legislature to classify sports participation based on biological sex. The court recognized that biological males generally outperform females athletically and that the law was reasonably related to fairness in competition.
A divided panel of the U.S. Court of Appeals for the 4th Circuit issued an injunction allowing the challenger to compete while the appeal continued, offering no explanation for its decision. That prompted West Virginia, joined by female athletes represented by the Alliance Defending Freedom, to seek Supreme Court intervention.
The state’s emergency application criticized the appeals court’s lack of analysis and argued that federal courts should not block democratically enacted laws without providing a clear rationale.
“This is about ensuring that women and girls have the opportunity to compete on a level playing field,” Governor Morrisey said. “West Virginia will continue to stand up for common sense and equal opportunity in all athletics.”
