West Virginia Seeks Supreme Court Review of Trans Athlete Ban

West Virginia has petitioned the U.S. Supreme Court to review the constitutionality of its Save Women's Sports Act, which prohibits biological males from participating in girls' and women's school sports. Attorney General J.B. McCuskey emphasized the law's compliance with Title IX and cited the recent Supreme Court decision upholding Tennessee's ban on gender-affirming care for minors as bolstering confidence in a favorable ruling. The case, State of West Virginia v. B.P.J., follows a 4th Circuit Court injunction blocking the law's enforcement, involving a transgender high school athlete challenging the restrictions. West Virginia argues that the Supreme Court's ruling in the Tennessee case did not address unique athletic-related questions, urging a fresh review to protect fairness and safety in female sports. This legal action aligns with broader Republican efforts, including President Donald Trump's executive order aiming to restore biological definitions of sex and rescind prior federal guidance on gender identity. The Supreme Court has yet to respond to West Virginia's supplemental filing requesting the case be heard.