In what is likely to influence similar legislation throughout the country, the U.S. Supreme Court has issued a ruling that transgender girls and women should be excluded from competing in female sports. The ruling in the cases of State of West Virginia v. BPJ and Little v. Hecox overturns previous rulings by lower courts that permitted biological males Lindsay Hecox and Becky Pepper-Jackson to compete in female sports categories.
In 2021, the American Civil Liberties Union challenged West Virginia’s “Save Women’s Sports” law. This legislation ensures equal opportunities for women and girls in sports and protects their safety by making sure they are not forced to compete against males. Following intervention from professional soccer player Lainey Armistead and attorneys from the Christian advocacy group Alliance Defending Freedom, a federal district court ruled that West Virginia could enforce its law. However, in 2024, the U.S. Court of Appeals for the 4th Circuit reversed part of that decision and prevented West Virginia from fairness in women’s sports.
The state of West Virginia, state Attorney General JB McCuskey, and ADF attorneys representing Lainey (and serving as co-counsel for the state) appealed to the U.S. Supreme Court in July 2025, which agreed to hear their case. Oral arguments took place in January 2026, and just last month, the court subsequently ruled 9-0 that Title IX and 6-3 that the Equal Protection Clause of the 14th Amendment allow states to protect female athletes through sex-specific sports.
Title IX is a federal law permitting schools to provide separate women’s and men’s sports teams based on biological sex.
“This is a victory for every girl who refused to stay quiet in the face of injustice. Men cannot be women, and no drug erases the male athletic advantage. I’m grateful to Attorneys General Raúl Labrador and JB McCuskey and our clients for their courage,” said ADF CEO, President, and Chief Counsel Kristen Waggoner.
She also revealed that in West Virginia, Becky, who participated in girls’ track and field and cross country, defeated more than 470 girls over 1,400 times, won the women’s state championship in shot put, and sexually harassed a female athlete in the girls’ locker room.
“This is a monumental victory for every female athlete who has ever competed, or dreamed of competing, on a fair and safe playing field,” McCuskey also said, “States have the right to designate sports teams based on biological sex, not gender identity. Without that delineation, Title IX is turned on its head, and decades of hard-fought progress to advance female athletes is erased. I am immensely proud of my team for not only getting this issue before the Supreme Court but for delivering sound and successful arguments. This landmark victory will give all states, not just West Virginia, the clarity and confidence to ensure fairness and safety for female athletes today and for generations to come.”
