6-3 Decision in West Virginia v. B.P.J. Upholds State Laws Protecting Female Athletics Nationwide
The Supreme Court handed down a ruling Monday in West Virginia v. B.P.J., ruling that states may ban biological males from competing in women’s sports.
Justice Brett Kavanaugh authored the majority opinion. Justices Thomas and Gorsuch filed separate concurrences. The ruling reverses the Fourth Circuit’s prior decision striking down West Virginia’s H.B. 3293.
The decision vindicates 27 states that have enacted laws protecting female athletic competition from biological males.
Former Congresswoman Marjorie Taylor Greene celebrated on X: “The U.S. Supreme Court rules that states can ban biological males from women’s sports. This is a great ruling for women’s rights, women’s sports, and common sense!!”
The case centered on whether West Virginia’s law — which bars transgender girls from participating on girls’ sports teams from middle school through college — violates Title IX and the Equal Protection Clause. The Court found it does not.
The majority held that prohibiting biological male participation in female sports is necessary to promote equal athletic opportunities for women and girls.
Justice Sotomayor wrote in dissent, joined by Kagan and Jackson.
The ruling is a decisive victory for biological women and a direct rebuke of the ideology that has systematically dismantled female-only spaces in the name of inclusion. The Court has spoken. Women’s sports belong to women.
The Vote: West Virginia v. B.P.J. (2026)
|
Justice |
Appointed By |
Vote |
|---|---|---|
|
Brett Kavanaugh (Author) |
Trump |
Majority |
|
John Roberts, C.J. |
G.W. Bush |
Majority |
|
Clarence Thomas |
G.H.W. Bush |
Majority (+ Concurrence) |
|
Samuel Alito |
G.W. Bush |
Majority |
|
Neil Gorsuch |
Trump |
Majority (+ Concurrence) |
|
Amy Coney Barrett |
Trump |
Majority |
|
Sonia Sotomayor |
Obama |
Dissent |
|
Elena Kagan |
Obama |
Dissent |
|
Ketanji Brown Jackson |
Biden |
Dissent |
