The Transgender Athlete Injunction: West Virginia v. B.P.J.
Currently before the Supreme Court, this case examines the constitutionality of the 'Save Women's Sports Act.' It is the definitive legal battle over the definition of 'sex' in federal law.
Currently sitting before the U.S. Supreme Court (Case No. 23-1078) with active lower-court maneuvers in early 2026, this case examines the constitutionality of the "Save Women's Sports Act." It is the definitive legal battle over the definition of "sex" in federal law.
The "Equal Protection" Filter
The case follows a 14-year-old transgender girl (B.P.J.) who was barred from her middle school track team. The legal question is whether "Title IX"—a 1972 law designed to protect women—protects gender identity or biological sex.
The Plaintiff's Stance
Attorneys argue that the ban is "facial discrimination" based on transgender status, violating the Equal Protection Clause of the 14th Amendment.
The State's Defense
West Virginia argues that Title IX was created specifically to account for biological differences between males and females to ensure "fairness and safety" for cisgender women.
Why This Matters
As of February 2026, the Supreme Court is expected to issue a final ruling by the end of the term. The decision will dictate the rules for every public school and university in the country, effectively ending the decade-long ambiguity over how Title IX applies to the LGBTQ+ community.
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