BPJ v. West Virginia State Board of Education
Status: Loss
Transgender kids want the opportunity to play sports for the same reason other kids do: to be a part of a team where they feel like they belong. We shouldn’t discriminate against kids and ban them from playing because they’re transgender.
Update: On June 30, 2026, the Supreme Court issued a ruling in West Virginia v. BPJ and Little v. Hecox that upholds Idaho and West Virginia state laws that categorically exclude all transgender girls and women from playing on girls’ and women’s school teams regardless of age, sport, or level of competition. Learn more.
On November 17, 2025, GLAD Law filed a friend-of-the-court brief in the cases before the Supreme Court, West Virginia v. BPJ and Little v. Hecox, arguing that these categorical bans discriminate based on sex in violation of Title IX. Our brief also lays out for the Court that, if a state’s actual purpose is to ensure school sports are fair and safe for all students – rather than discrimination against transgender girls – there are alternative approaches involving case-by-case consideration that have worked well in school districts around the country for years.
The Supreme Court will hold arguments in West Virginia v. BPJ and Little v. Hecox on January 13. GLAD Law filed our friend-of-the-court brief on November 17 with the National Center for LGBTQ Rights (NCLR). We were also involved in coordinating the submission of four additional briefs, all attached here under “Friend-of-the-Court Briefs”.
On April 3, 2023, GLAD Law and 52 justice organizations filed a friend-of-the-court brief to the 4th Circuit Court of Appeals.
Read the National Women’s Law Center blog post about the case.
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