CHARLESTON – The U.S. Supreme Court agreed Thursday to take up West Virginia’s appeal of a lower court decision blocking enforcement of a law meant to keep transgender girls and women out of high school and college sports for biological girls and women.

The U.S. Supreme Court released an order list Thursday, detailing cases it plans to hear arguments on for its next term beginning Sept. 29, through June 25, 2026.

The high court granted certiorari – an order by the Supreme Court where it agrees to review a lower court decision – for five cases, including West Virginia versus B.P.J., where the U.S. Fourth Circuit Court of Appeals blocked enforcement of House Bill 3293, relating to single-sex participation in interscholastic athletic events.

“It’s a great day, as female athletes in West Virginia will have their voices heard,” said Attorney General J.B. McCuskey in a statement Thursday. “The people of West Virginia know that it’s unfair to let male athletes compete against women; that’s why we passed this common-sense law preserving women’s sports for women.”

HB 3293, passed by the West Virginia Legislature in 2021, requires student-athletes in middle school, high school or college to participate in sports that match the student’s sex assigned at the time of their birth. The law applies to sports regulated by the NCAA and other college interscholastic organizations. The law is now called the Save Women’s Sports Act.

“We are confident the Supreme Court will uphold the Save Women’s Sports Act because it complies with the U.S. Constitution and complies with Title IX,” McCuskey said. “And most importantly: it protects women and girls by ensuring the playing field is safe and fair.”

Becky Pepper-Jackson, a cross country and track athlete who has identified as a girl since third grade and takes puberty-blocking medication, filed a lawsuit against HB 3293 in May 2021 shortly after the law went into effect. After a lower court allowed the law to be enforced, the Fourth Circuit overruled that decision, preventing the law from being enforced while the case was pending.

The U.S. Supreme Court rejected an effort by then-Attorney General Patrick Morrisey to appeal that ruling barring enforcement of the law while the case was pending, preventing HB 3293 from being enforced.

“Our client just wants to play sports with her friends and peers,” said Lambda Legal Senior Counsel Tara Borelli, one of Pepper-Jackson’s attorneys. “Everyone understands the value of participating in team athletics, for fitness, leadership, socialization, and myriad other benefits. The U.S. Court of Appeals for the Fourth Circuit last April issued a thoughtful and thorough ruling allowing B.P.J. to continue participating in track events. That well-reasoned decision should stand the test of time, and we stand ready to defend it.”

“Like any other educational program, school athletic programs should be accessible for everyone regardless of their sex or transgender status,” said Joshua Block, senior counsel for the ACLU’s LGBTQ & HIV Project.

“Trans kids play sports for the same reasons their peers do – to learn perseverance, dedication, teamwork, and to simply have fun with their friends,” Block continued. “Categorically excluding kids from school sports just because they are transgender will only make our schools less safe and more hurtful places for all youth. We believe the lower courts were right to block these discriminatory laws, and we will continue to defend the freedom of all kids to play.”

Morrisey announced last year that he would appeal the case to the Supreme Court, making it part of his Republican primary campaign for governor. Morrisey became the state’s 37th governor in January.

“I am pleased that the Supreme Court is taking up West Virginia v. B.P.J., a case I worked tirelessly on as Attorney General,” Morrisey said Thursday. “I am optimistic that after hearing the case, the Supreme Court will restore sanity to athletics and allow West Virginia to enforce its commonsense law that prevents boys from competing in girls’ sports.”

Since taking office, Morrisey has signed two bills dealing with transgender issues. Morrisey signed Senate Bill 299, modifying state regulations on pubertal modulation, hormonal therapy, and gender reassignment. SB 299 eliminates narrow exceptions for the use of medication gender-affirming care for minors.

Morrisey also signed Senate Bill 456 in March – the Riley Gaines Act – which defines “male” and “female” in State Code and protects single-sex spaces. The bill is named for Riley Gaines, who first made headlines in 2022 after competing against Lia Thomas, a transgender woman who was on the University of Pennsylvania’s swim team. The University of Pennsylvania announced this week it would strip Thomas of her titles.

“It is time to return girls’ sports to the girls and stop this misguided gender ideology once and for all,” McCuskey said.