The Supreme Court Ruled in West Virginia v. B.P.J. Now What?

On June 30, 2026, the U.S. Supreme Court issued its decision in West Virginia v. B. P. J., 609 U.S. ___, 146 S. Ct. 2356 (2026). The Court held that schools may limit participation in girls’ and women’s sports to cisgender girls and women (women who were assigned female at birth) without violating Title IX^[1] or the Equal Protection Clause.^[2] The Court determined that limiting women’s teams to cisgender women is substantially related to the government’s interests in safety and competitive fairness.

This ruling is narrow in several important ways. It is not a mandate. The ruling addresses whether, under Title IX and the Equal Protection Clause, schools and states may limit women’s sports to cisgender women, not whether they must do so. The ruling is explicitly limited to the sports context.

This decision does not address or overturn Grimm v. Gloucester County School Board, 822 F.3d 709 (4th Cir. 2016), the Fourth Circuit case regarding transgender student bathroom access. Indeed, Justice Gorsuch’s concurrence in B.P.J. emphasized that “sex-segregated bathrooms, locker rooms, and dress codes” were not before the Court.

Virginia has no laws regarding separating sports by biological sex, and eligibility for athletics is primarily governed by the Virginia High School League (“VHSL”), not individual school boards. Currently, VHSL’s rule limits participation on girls’ sports teams to cisgender girls.

Questions about how this ruling applies to your school division’s specific circumstances should be directed to your school division’s legal counsel.

^{[1] Title IX of the Education Amendments of 1972 is a federal civil rights law that prohibits discrimination on the basis of sex in educational programs and activities that receive federal financial assistance.}

^{[2] The Equal Protection Clause is part of the Fourteenth Amendment to the U.S. Constitution. It, in part, prohibits discrimination by state and local governments.}

If you have any questions, please contact one of our School & Education Law Attorneys.

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