West Virginia

State by State · Supreme Court win

ICONS backed West Virginia’s law protecting girls’ sports in B.P.J., from the Fourth Circuit to the Supreme Court. On June 30, 2026, the Court held 6-3 that Title IX and the Equal Protection Clause allow sports teams separated by biological sex.

The law in West Virginia

Law in force · Covers K-12 and colleges

West Virginia has kept girls' and women's teams female-only in public middle schools, high schools and colleges since 2021. The U.S. Supreme Court upheld the law in June 2026, and it is now fully enforced.

The law in detail, with sources

The law

HB 3293, “Save Women’s Sports Act,” 2021. Passed by the legislature April 9, 2021; signed by Gov. Jim Justice April 28, 2021 (enrolled bill; CNN). Codified at W. Va. Code § 18-2-25d (statute).

Who it covers

Interscholastic, intercollegiate, intramural and club teams at public secondary schools (middle and high school) and state colleges and universities, including NCAA, NAIA and NJCAA members; private schools not covered (§ 18-2-25d).

Notes

Female teams are closed to males where selection is by competitive skill or the sport is a contact sport; anyone may try out for boys’ or coed teams. Sex means biological sex at birth (reproductive biology and genetics). A student harmed by a violation can sue the county board or college for an injunction, damages and fees (§ 18-2-25d). Court: a federal judge blocked the law for one male plaintiff (B.P.J.) in July 2021, then upheld it in January 2023 (WV MetroNews); the Fourth Circuit ruled for B.P.J. in 2024; the U.S. Supreme Court took the case (No. 24-43), heard it Jan. 13, 2026, and on June 30, 2026 upheld the law: 9-0 that it does not violate Title IX, 6-3 (Kavanaugh) that it does not violate Equal Protection (CBS News; Wikipedia summary; Oyez). On remand, on Aug. 13, 2026 the Fourth Circuit affirmed the district court’s judgment for the state (4th Cir. order, No. 23-1078). The Attorney General says the state “can fully enforce the Save Women’s Sports Act” (WV AG release). ICONS (as “Independent Council on Women’s Sport”) filed an amicus brief supporting the state (4th Cir. order caption).

In the courts and statehouses

First page of the document: Supreme Court brief in Little v. Hecox and West Virginia v. B.P.J.

September 19, 2025 · U.S. Supreme Court

Supreme Court ruled for states

Supreme Court brief in Little v. Hecox and West Virginia v. B.P.J.

ICONS filed a brief supporting Idaho and West Virginia, explaining why women's sports must be separated by sex. The Court heard argument on Jan. 13, 2026, and ruled for the states on June 30, 2026, reversing both lower-court decisions.

“every time a man joins a women’s team he takes a women’s spot on that team.” From the brief, p. 4

Outcome: On June 30, 2026, the Court held 6-3 that Title IX and the Equal Protection Clause allow sports teams separated by biological sex, reversing the Fourth and Ninth Circuits. Source

Read the brief · ICONS statement on the ruling

First page of the document: Amicus brief in Tennessee v. Cardona (2024 Title IX rule)

September 3, 2024 · U.S. Court of Appeals, Sixth Circuit

Rule vacated; appeal dismissed

Amicus brief in Tennessee v. Cardona (2024 Title IX rule)

ICONS supported the states and intervenors who won a ruling blocking the 2024 federal Title IX rule, and asked the court to affirm.

“It is a misguided, objectifying, and patently discriminatory trope that girls are undeserving of protection until they reach an elite level in sport.” From the brief, p. 2

Outcome: The district court vacated the 2024 Title IX rule on Jan. 9, 2025, so the Sixth Circuit dismissed the government's appeal for lack of jurisdiction on March 18, 2025. Source

Read the brief (PDF)

First page of the document: Brief urging the Supreme Court to hear Little v. Hecox and West Virginia v. B.P.J.

August 14, 2024 · U.S. Supreme Court

Court agreed to hear both

Brief urging the Supreme Court to hear Little v. Hecox and West Virginia v. B.P.J.

At the petition stage, ICONS asked the Court to take up Idaho's and West Virginia's laws protecting girls' and women's sports. The Court agreed to hear both cases.

“Sex separated sport is necessary for girls to develop a healthy view of their own bodies.” From the brief, p. 2

Outcome: The Supreme Court granted review in Little v. Hecox (and West Virginia v. B.P.J.) on July 3, 2025. Source

Read the brief

First page of the document: Amicus brief in B.P.J. v. West Virginia State Board of Education

May 3, 2023 · U.S. Court of Appeals, Fourth Circuit

Lost; Supreme Court later reversed

Amicus brief in B.P.J. v. West Virginia State Board of Education

ICONS supported West Virginia in defending its law limiting girls' school sports to female students.

“Yet, due to male biological advantages, failing to protect the girls’ category will cause girls to leave sport.” From the brief, p. 3

Outcome: On April 16, 2024, the Fourth Circuit ruled for B.P.J. against West Virginia's law; the Supreme Court reversed that decision on June 30, 2026. Source

Read the brief (PDF)

First page of the document: First female-athlete brief submitted to the U.S. Supreme Court

March 13, 2023 · U.S. Supreme Court

Application denied

First female-athlete brief submitted to the U.S. Supreme Court

Sixty-seven female athletes, coaches, sports officials and parents, brought together by ICONS, asked the Court to lift a lower-court order blocking West Virginia’s law protecting girls’ sports. The Court denied the application on April 6, 2023.

“By vacating the injunction against West Virginia’s law, this Court can reaffirm that women should not lose their equal opportunity to compete in sports on a level playing field.” From the brief, p. 3

Outcome: On April 6, 2023, the Court denied West Virginia's application to vacate the injunction, with Justices Alito and Thomas dissenting. Source