West Virginia v. B.P.J. is about whether West Virginia’s 2021 law, the Save Women’s Sports Act, requiring public school and collegiate sports teams be designated according to biological sex, violates Title IX of the Education Amendments and the equal protection clause of the 14th Amendment.
Case Status
- Decided – win for women’s sports
- 9-0 ruling on Title IX question, 6-3 ruling on Equal Protection Clause question
- Decision date: June 30, 2026
- Argued date: Jan. 13, 2026
ERLC Brief
- Amicus brief joined by ERLC (filed for both West Virginia v. B.P.J. and Little v. Hecox)
What is this case about?
At the center of this case is a 2021 West Virginia law, the Save Women’s Sports Act, requiring public school and collegiate sports teams be designated according to biological sex. A male West Virginia student referred to as B.P.J., who has identified as a girl since third grade, brought a lawsuit against several state agencies, arguing West Virginia’s law violates Title IX of the Education Amendments and the Equal Protection Clause of the 14th Amendment. B.P.J. is on the girls’ cross-county and track teams at school and recently won the West Virginia Class AAA high school state championship in girl’s shot put.
The district court granted an initial injunction allowing B.P.J. to continue running on the girls’ teams, but the final judgement found the law constitutionally classifies on biological sex to protect the state’s interest of fair opportunity in girls’ sports. The Fourth Circuit Court of Appeals partially reversed judgement saying the law did violate Title IX and factual disputes prevented ruling on the equal protection claims.
What is the question in the case?
- Whether Title IX of the Education Amendments of 1972 prevents a state from consistently designating girls’ and boys’ sports teams based on biological sex determined at birth; and
- Whether the Equal Protection Clause of the 14th Amendment prevents a state from offering separate boys’ and girls’ sports teams based on biological sex determined at birth.
What does it matter to Southern Baptists?
Not only is this a matter of constitutional interpretation, but of biblical and moral clarity. As the Baptist Faith and Message 2000 lays out, “[God] created them male and female as the crowning work of His creation. The gift of gender is thus part of the goodness of God’s creation.” Southern Baptists have consistently opposed biological men competing in women’s sports and affirmed sports should be designated based upon biological sex. The most recent instance of this affirmation was at the 2025 annual meeting in Dallas with the resolution “On Restoring Moral Clarity through God’s Design for Gender, Marriage, and the Family.” This not only ensures fairness and safety in sports but also protects sex-specific spaces and honors God’s design for gender.
Supreme Court ruling
On the question of Title IX, the Court ruled unanimously that Title IX permits states to designate sports teams based on biological sex. In the opinion from Justice Kavanaugh, the Court explained that Title IX provides that “No person … on the basis of sex, be excluded from participation in, be denied the benefits of, or be subjected to discrimination under any education program or activity receiving Federal financial assistance” (Pg. 8). This includes school sports teams.
The Court also reasoned that “sex,” as used in Title IX regulations, “cannot plausibly be interpreted to refer to anything other than biological sex,” as biological sex would have been the ordinary meaning of the term when the statute was passed (Pg. 10).
On the question of equal protection, relevant in both women’ sports cases, the Court split 6-3 in the decision along ideological lines. The Court held that states’ interests in ensuring safety and fairness in women’s sports are legitimate purposes. In limiting women’s sports to women only, the state’s sex-based classification is substantially related to its interest in fairness and safety, surviving the equal protection challenge.
Want to learn more about this case?
Read the ERLC Explainer: Supreme Court protects women and girls in women’s sports cases.
