CHARLESTON, WV (LOOTPRESS) – West Virginia Attorney General JB McCuskey announced today that the U.S. Supreme Court has agreed to hear State of West Virginia v. B.P.J.This case involves a challenge to West Virginia’s Save Women’s Sports Act, which protects biological female athletes by keeping sports competitive and safe for women and girls.
“It’s a great day, as female athletes in West Virginia will have their voices heard. The people of West Virginia know that it’s unfair to let male athletes compete against women; that’s why we passed this commonsense law preserving women’s sports for women,” Attorney General McCuskey said. “We are confident the Supreme Court will uphold the Save Women’s Sports Act because it complies with the U.S. Constitution and complies with Title IX. And most importantly: it protects women and girls by ensuring the playing field is safe and fair.”
In B.P.J., the State of West Virginia is defending the Save Women’s Sports Act, which protects biological female athletes. The Fourth Circuit enjoined the act as to Plaintiff B.P.J., allowing a biological boy to compete on girls’ sports teams in West Virginia. By granting West Virginia’s petition for certiorari and taking the B.P.J. case, the Supreme Court will be able to settle questions regarding biological sex and sports. Ultimately, the case will decide whether States can define who plays together on sports teams or competes for scholarships and other opportunities that are sex- or gender-based.
“It is time to return girls’ sports to the girls and stop this misguided gender ideology once and for all,” Attorney General McCuskey said.
“I am pleased that the Supreme Court is taking up West Virginia V. B.P.J., a case I worked tirelessly on as Attorney General,” said Governor Patrick Morrisey. “I am optimistic that after hearing the case, the Supreme Court will restore sanity to athletics and allow West Virginia to enforce its commonsense law that prevents boys from competing in girl’s sports.”
The Supreme Court is expected to hear this case during its October 2025 term.
Read the cert petition here.
