B.P.J. v. West Virginia State Board of Education

Trans YouthEqual Protection4th CircuitTitle IXAthleticsWest VirginiaSupreme Court

Jun 10

*Plaintiff Becky Pepper-Jackson (she/her)*

SUPREME COURT OF THE UNITED STATES

On appeal from the Fourth Circuit Court of Appeals and the Southern District of West Virginia

Case no. 2:21-cv-00316 (Southern District of West Virginia)
Case no. 23-1130, 23-1078 (Fourth Cir. Court of Appeals)
Case no. 22A800 (SCOTUS - closed)
Case no. 24-44 (SCOTUS - closed)
Case no. 24-43 (SCOTUS - open)

STATUS: ONGOING.

RECENT UPDATES: On April 16, 2024, the Court of Appeals ruled in favor of the plaintiffs, finding that the West Virginia ban on trans youth participation in sports violated Title IX. The court remanded the Equal Protection claim for further proceedings before the district court. On November 18, 2024, the Supreme Court denied the state’s petition for review. However, after the Court’s decision in Skrmetti, the state submitted supplemental briefings and the Court granted cert on July 3, 2025. Briefings and oral arguments will be scheduled for this upcoming term.

background

In 2021, West Virginia passed the “Save Women’s Sports Act” banning transgender children from participating in school sports on teams that align with their gender identity.

11-year old Becky Pepper-Jackson, a transgender girl, and her family brought suit against the State Board of Education alleging violations of Title IX and the Equal Protection Clause of the U.S. Constitution.

On January 5, 2023, the District Court ruled in favor of the state-defendants and found that the Act did not violate federal law or the Constitution. Shortly thereafter, the Fourth Circuit granted the plaintiffs’ motion for an injunction pending appeal, allowing Becky to continue participating on her cross-country and track-and-field teams until it ruled on her appeal. The state-defendants asked the Supreme Court to vacate the injunction, reasoning that Becky’s modest success in middle school sports harmed other children. The Supreme Court denied the application - over a dissent from Justices Alito and Thomas - and allowed Becky to keep running for her team.

On April 16, 2024, the Fourth Circuit ruled in favor of Becky. It found that the West Virginia law discriminated against children on the basis of gender identity and, therefore, sex, in violation of Title IX. Further, it vacated the district court’s granting of summary judgment for the state-defendants on the Equal Protection claim, and remanded the issue for further proceedings.

The ruling is a tremendous victory for Becky and for trans youth in West Virginia. The Fourth Circuit’s decision is one of several federal rulings that have struck down state laws prohibiting transgender athletes from participating equally in school sports.

APPEAL TO THE SUPREME COURT

After its loss in the Fourth Circuit, the State asked the Supreme Court to review the case. On November 18, 2024, the Supreme Court declined. However, after supplemental briefing, the high court granted the state’s petition for the 2025-2026 term. The parties will file briefings and the Court will hear oral arguments in the upcoming year.

This is the second critically important trans rights case that the high court will hear in two years. In the first, Skrmetti, the Court dealt a blow to trans rights advocates by concluding that states may prohibit gender-affirming care for trans youth. Skrmetti portends a poor outcome to this case, which would further deny trans youth the dignity and equal opportunity to which they are entitled under federal law.