West Virginia’s Fight for Women’s Sports Reaches Supreme Court
In the quiet town of Hedgesville, West Virginia, Senator Jim Justice speaks passionately about a law he signed as governor that now faces scrutiny at the highest judicial level. After coaching his Greenbrier East High School girls’ basketball team to victory, Justice shared his concerns about the upcoming Supreme Court case that could have profound implications for women’s sports nationwide. The 2021 Save Women’s Sports Act, which prohibits transgender girls from competing in women’s sports in West Virginia, represents a pivotal moment in the ongoing national debate about fairness, inclusion, and the very definition of gender in athletic competition.
“Why in the world don’t we step up and stand behind all the young girls and all the women who are trying to participate in athletics?” Justice asks, his voice carrying the weight of both his political position and his years of experience coaching young women athletes. Drawing from his personal connection to the issue—his own daughter played college basketball—Justice emphasizes the dedication he witnesses daily from the girls on his team. “You should see how hard our girls work all the time to perfect what they’re doing, to absolutely have a dream of going to college and playing ball,” he explains. His concern stems from what he perceives as an unfair biological advantage that could potentially derail these dreams and diminish opportunities for female athletes who have devoted countless hours to their sport.
The case centers around a transgender girl identified in court documents as “B.P.J.” from the Bridgeport area, who sued to overturn the law and gain the right to compete on girls’ sports teams. Having identified as female since third grade and taking puberty-blocking medication, B.P.J. qualified for the West Virginia girls high school state track meet last year, placing third in discus and eighth in shot-put in her division. The lawsuit has traversed a complex legal journey—a trial court initially upheld the law in 2023, but it was overturned on appeal in April 2024, leading to the Supreme Court’s decision to hear the case. The plaintiffs have reported experiencing harassment and intimidation throughout the legal process, highlighting the deeply personal and often painful dimensions of this public policy debate.
The implications of the Supreme Court’s decision extend far beyond West Virginia’s borders, potentially affecting similar laws in other states. Justice, along with several lawmakers, filed an amicus brief supporting West Virginia Attorney General JB McCuskey and Governor Patrick Morrisey as they prepare to argue before the Supreme Court. Their position maintains that any expansion of Title IX—the 1972 civil rights law prohibiting sex-based discrimination—beyond biological sex to include gender identity should come from Congress, not judicial interpretation. “I think absolutely that Congress should be the one to expand it, but beyond that, I don’t know why we’d even consider it,” Justice stated, reinforcing his belief that this issue requires legislative rather than judicial resolution. The Justice Department has also weighed in, supporting the state laws and securing time during oral arguments.
West Virginia’s prominent role in this national conversation evokes a sense of pride for Justice, who never misses an opportunity to champion his home state’s values. “West Virginia is so good in so many ways,” he remarks, characterizing the state’s approach as grounded in “logic, common sense, goodness, good neighbors, people that are appreciative and loving.” In Justice’s view, the state’s leadership on this issue aligns perfectly with its character and history of stepping up during challenging times. “Now the nation is awakening, the world is awakening just how great West Virginia truly is. But our people are the real deal. That’s all there is to it,” he declares, positioning the Mountain State as a beacon of traditional values in an evolving cultural landscape.
As the Supreme Court prepares to hear arguments next Tuesday, both sides recognize the high stakes of this constitutional showdown. For Justice and supporters of the law, it represents a stand for fairness and the protection of opportunities for female athletes. For B.P.J. and advocates for transgender rights, it represents a fight for inclusion and recognition of gender identity beyond biological definitions. The Save Women’s Sports Act, originally spearheaded by Republican Delegates Evan Worrell, Wayne Clark, and Jonathan Pinson, has now become a focal point in a broader national conversation about how we define sex and gender in our institutions, particularly in the realm of competitive sports. The Supreme Court’s decision will likely reverberate through school athletic programs across the country, potentially reshaping the landscape of women’s sports for generations to come.
