With the Supreme Court back in session, the world is bracing itself in preparation for the Court hearing B.P.J. v. West Virginia State Board of Education. This case, which is one of the most significant sports law cases in recent years, concerns a challenge to West Virginia’s “Save Women’s Sports Act,” a 2021 law that bans transgender women and girls from competing on women’s sports teams for public schools and colleges.[1] The case was brought to life when Plaintiff, a fifteen-year-old transgender girl who comes from a family of avid runners, was unable to participate on her school’s cross-country team due to the passing of the “Save Women’s Sports Act.” As a result, she brought suit, alleging the West Virginia law violates Title IX and the Fourteenth Amendment’s Equal Protection Clause.[2]
In this case, the Title IX considerations are especially worth paying attention to. Title IX, which was enacted in 1972 to prevent sexual discrimination in education, has long been held to protect girls and women participating in athletics.[3] However, since Title IX was passed in 1972, it contains nothing about how Title IX applies to gender identity. Therefore, in taking up this case, the Court will have to decide whether transgender women are afforded Title IX protections. The Court takes up this question in light of recent political considerations such as the Biden administration failing on its promise to issue regulations governing trans participation in sport[4] and the Trump executive order stating that there are only two recognized sexes.[5]
As one could imagine, the implications of this ruling are massive. While the number of transgender athletes is relatively small, the notoriety this case is attracting is tremendous. At a surface level, there are concerns about nationwide uniformity, because if the Court does rule that states cannot enforce such categorical bans, all local and state governments will have to quickly move to ensure that they are not running afoul of the ruling or Title IX by not allowing transgender athletes to compete in public-school-sports. Conversely, and potentially more noteworthy, if the Court upholds the ban, we may see several states develop new (or even more restrictive) bans on transgender athletes, thereby significantly limiting who has access to athletics. [6]
[1] https://www.supremecourt.gov/DocketPDF/24/24-43/316794/20240711112756059_7.11%20BPJ%20Petition%20final.pdf
[2] Lamda Legal, B.P.J. v. West Virginia State Board of Education (Accessed October 7, 2025).
[3] Chris Geidner, Appeals court rules that Title IX protects trans student in challenge to WV sports ban, Law Dork (April 18, 2024)
[4] Brooke Midgon, Biden administration withdraws proposed regulations on transgender athletes, student debt, The Hill (December 20, 2024)
[5] Anthony Pericolo, President Trump Issues An Executive Order Recognizing Only Two Sexes, The Federalist Society (February 24, 2025)
[6] B.P.J. v. West Virginia State Board of Education, ACLU (September 12, 2025)
Blake Breidenstein is a third year law student at the University at Buffalo School of Law who has spent much of his law school career studying how the law intertwines with the sports and entertainment industry. Throughout his time in law school, Breidenstein has supported the university's compliance office, working alongside a supervising attorney and staff in ensuring compliance with the ever-changing rules governing collegiate athletics. As a lifelong baseball player, Blake focuses much of his writing on the MLB, although his Buffalo roots occasionally turn his focus towards the Bills and Sabres.
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