B.P.J. v. West Virginia State Board of Education
What's at Stake
Becky is a middle school student in West Virginia. She has been a cheerleader and wants the opportunity to try out for the cross-country team. A new law in West Virginia would ban her from doing so because she is transgender. Becky and her parents sued and are represented by the ACLU, the ACLU of West Virginia, Lambda Legal and Cooley LLP.
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Summary
Over 75 anti-trans laws were introduced in 2021. Among them was HB 3293 in West Virginia which bans girls who are transgender from participating in school sports. This law was signed by Gov. Jim Justice despite his inability to name any transgender athletes in West Virginia. This ban, and laws like it, are opposed by women athletes, women’s sports organizations and medical experts.
The lawsuit, filed in federal court, alleges that banning girls from participating in school sports because they are transgender is unconstitutional.
Update: On April 16, 2024, the U.S. Court of Appeals for the Fourth Circuit held that West Virginia’s law excluding Becky from participating on girls’ teams violated Title IX and that the district court should not have dismissed her equal protection claim.
Legal Documents
- 04/16/2024
Opinion - 04/03/2023
Amicus Briefs in Support of Appellant - 03/27/2023
Opening Brief of Plaintiff-Appellant - 02/22/2023
Order Granting Appellant's Motion for Stay Pending Appeal - 02/07/2023
Appellant's Motion to Stay Pending Appeal
Date Filed: 02/22/2023
Court: Appeals Court (4th Cir.)
Download DocumentPress Releases
Fourth Circuit Rejects West Virginia Law Barring Transgender Girls From Student Athletics
West Virginia Family Challenges Ban on Transgender Student-Athletes at Fourth Circuit
US Supreme Court Rejects West Virginia’s Effort to Deny a 12-Year-Old Trans Girl Her Right to Play
Supreme Court Must Reject West Virginia’s Effort to Deny a 12-Year-Old Girl Her Right to Play
Federal Court Blocks West Virginia Law Banning Trans Students in School Sports
Department of Justice Says Laws Targeting Trans Youth are Unconstitutional