On Tuesday, June 30, 2026, the Supreme Court handed down one of the most consequential decisions of its term, ruling in West Virginia v. B.P.J. and Little v. Hecox, that states may bar transgender girls and women from competing on girls’ and women’s school sports teams.
The two cases were consolidated for review by the Supreme Court and were brought by a middle school and a college student, both of whom identify as female and had sought to try out for girls’ and women’s sports teams. B.P.J. argued West Virginia’s ban on transgender athletes violated Title IX, the 1972 federal law prohibiting sex discrimination in federally funded educational programs, and both students argued that the state bans violated the Constitution’s Equal Protection Clause.
Justice Kavanaugh, who wrote for the majority of the Court, held that because Title IX itself permits sex-separated athletic teams, states may define eligibility for girls’ and women’s sports based on biological sex at birth based on the definition of sex at the time of Title IX’s enactment. The Court also rejected arguments that B.P.J. might not be able to make the boys’ sports team due to puberty blockers, holding that Title IX only guaranteed an opportunity to compete, but not necessarily make a team. All nine justices agreed that West Virginia’s ban did not violate Title IX, although the majority of the court found the West Virginia and Idaho bans violated the Equal Protection Clause of the U.S. Constitution.
While the Court also declined to extend the reasoning of Bostock v. Clayton County, a 2020 decision under Title VII of the Civil Rights Act (an employment discrimination statute), holding that employment and school sports are fundamentally different, Justice Jackson dissent recognized in her dissent that Title IX is to be construed broadly and the Court’s decision departs from prior precedent regarding sex stereotyping.
Title IX and Athletics Moving Forward
Although the decision directly concerned only Idaho and West Virginia, more than two dozen states with similar laws can now enforce them. The Court did not impose a nationwide ban, though. Twenty-one states, including California and New York, still allow transgender girls to compete consistent with their gender identity.
Challenges to transgender athlete participation on school-sponsored athletic teams of the student’s gender identity may be narrowed if not outright foreclosed in states with laws like West Virginia and Idaho. Likely, states that do not have similar laws to West Virginia and Idaho may soon face challenges under Title IX.
If you or your child has questions about participation in school-sponsored competitive, intermural, intramural, or recreational sports, you should contact a qualified attorney in your state. The lawyers at Sass, Everhart & Silva, P.A. in Tampa, Florida, have decades of experience handling Title IX athletic discrimination cases.
Title IX and Athletics Frequently Asked Questions
The U.S. Supreme Court ruled that states may prohibit transgender girls and women from participating on girls’ and women’s school sports teams. The Court held that Title IX permits sex-separated athletic teams and that states may define eligibility based on biological sex at birth as understood when Title IX was enacted.
The Court concluded that because Title IX expressly allows separate athletic teams based on sex, states may establish eligibility requirements using the historical definition of sex. The Court therefore found that West Virginia’s law did not violate Title IX.
The Court declined to extend its reasoning from Bostock v. Clayton County, explaining that employment discrimination under Title VII and participation in school athletics under Title IX involve different legal issues.
No. The decision does not impose a nationwide ban. Instead, it allows states with laws similar to those in West Virginia and Idaho to enforce those laws. States that do not have similar laws may continue allowing transgender girls to compete consistent with their gender identity.
The ruling affects students seeking to participate in school-sponsored competitive, interscholastic, intramural, and recreational athletics. Its impact will vary depending on the laws of the state where the student attends school.
Yes. Sass, Everhart & Silva has decades of experience representing students and employees in Title IX matters, including cases involving school athletics, and can advise individuals with questions about participation in school-sponsored sports.