West Virginia v. B.P.J.
The Court Upholds Transgender Athlete Bans
West Virginia v. B.P.J. was featured in Transgender Athletes Supreme Court Debates (March 2026). The following is excerpted from the unanimous opinion written by Justice Brett Kavanaugh, as prepared by the Court Reporter of Decisions. Title IX allows schools to provide separate women’s and men’s sports teams defined by biological sex, and West Virginia has permissibly maintained female sports for biological females consistent with Title IX. Title IX provides: “No person in the United States shall, on the basis of sex, be excluded from participation in, be denied the benefits of, or be subjected to discrimination under any education program…
