B.P.J. v. W. Va. State Bd. of Ed
From Conservapedia
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In B.P.J. v. W. Va. State Bd. of Educ., the Fourth Circuit held that:
| “ | A West Virginia law originally introduced as the "Save Women's Sports Act" provides that "[a]thletic teams or sports designated for females, women, or girls shall not be open to students of the male sex," while defining "male" as "an individual whose biological sex determined at birth is male." W. Va. Code § 18-2-25d(b)(3) & (c)(2). Because West Virginia law and practice have long provided for sex-differentiated sports teams, the Act's sole purpose—and its sole effect—is to prevent transgender girls from playing on girls teams. The question before us is whether the Act may lawfully be applied to prevent a 13-year-old transgender girl who takes puberty blocking medication and has publicly identified as a girl since the third grade from participating in her school's cross country and track teams. We hold it cannot. | ” |
B.P.J. v. W. Va. State Bd. of Educ., 98 F.4th 542, 550 (4th Cir. 2024).
West Virginia has indicated that it will seek U.S. Supreme Court review of this, but it seems unlikely in light of its prior denials that the High Court would grant cert. here.