High-Stakes Case for West Virginia’s Transgender Sports Ban

Hedgesville, West Virginia – In 2021, Jim Justice, then Governor of West Virginia, signed the Save Women’s Sports Act, which prohibits transgender girls from competing in women’s sports. Now serving as a U.S. Senator, Justice is facing the Supreme Court next week on this contentious issue, which could have far-reaching consequences.

On Saturday, after leading the Greenbrier East High School girls’ basketball team to a win against Hedgesville, Justice spoke about the importance of the case and expressed concerns that the state’s exclusion of biological males from girls’ sports and academics puts young women at an unfair disadvantage.

A transgender girl, identified as “BPJ” in legal documents, has brought a lawsuit to the nation’s highest court, asking for the ban to be overturned to allow her participation on girls’ sports teams. Although a trial court upheld the law in 2023, it was reversed in April 2024 during an appeal, prompting the Supreme Court to take up the case in July, with arguments set for Tuesday.

“Why can’t we just step up and support all the young girls aiming for success in track and field?” Justice remarked courtside at a Spartans game near Berkeley Springs. He seemed genuinely proud of the achievements of young athletes and expressed frustration over the ban’s implications. “Turning our backs on this means we’re letting boys play against girls, and that’s simply not right.”

Referencing his coaching experience, he emphasized the dedication of the girls at Greenbrier East, insisting, “We can’t let them face disadvantages.” Accompanied by his well-known dog, Baby Dog, he characterized the upcoming trial as crucial. “If we don’t advocate for our girls, who will?” he questioned.

Justice, alongside his successor, Gov. Patrick Morrissey, submitted amicus briefs supporting West Virginia’s stance in this legal battle. This brief outlines the belief that any amendments to Title IX, the law enacted in 1972 to combat sex discrimination, should come from Congress rather than the courts.

“I believe Congress should broaden it,” Justice noted, expressing skepticism about potential changes. “My daughters have worked incredibly hard to chase their dreams of playing sports and going to college. I’ve seen the challenges firsthand.”

BPJ has aspirations of competing on her high school’s girls team and qualified for the West Virginia Girls High School Track and Field Championships last year, placing third in discus and eighth in shot put in her division. She has identified as female since third grade and takes puberty blockers. Allegations of harassment and intimidation related to the lawsuit have surfaced.

The Supreme Court is expected to rule on both the West Virginia law and a related policy from Idaho. The Justice Department is in support of the legislation and will contribute time during oral arguments.

On the other side, BPJ’s pursuits underscore the ongoing debate surrounding transgender participation in sports. The Women’s Sports Protection Act, proposed by Democratic legislators in West Virginia, highlights this ongoing struggle and the societal implications it carries.