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State of West Virginia v. B.P.J.

Summary

In 2021, West Virginia passed the Save Women’s Sports Act, which ensures equal opportunities for women and girls in sports and protects their safety by making sure they are not forced to compete against males. The law was challenged in court by the ACLU, and ADF intervened in the lawsuit on behalf of Lainey Armistead, a former collegiate athlete who played soccer at West Virginia State University.

Although a federal district court ruled in favor of the West Virginia law, the U.S. Court of Appeals for the 4th Circuit overturned the district court’s protection of fairness in women’s sports. ADF is now asking the Supreme Court to reverse the 4th Circuit’s decision and make it clear that West Virginia’s law should be enforced to allow states to uphold Title IX’s promise of protecting equal opportunities for women and girls in sports.

Case Timeline

  • April 2021: West Virginia passed the “Save Women’s Sports” law.
  • July 2021: A federal district judge temporarily blocked West Virginia from enforcing the law against the male plaintiff.
  • September 2021: ADF attorneys representing Lainey Armistead filed a motion asking a federal district court to allow Lainey to intervene to defend the law.
  • December 2021: The district court issued an order allowing Lainey to intervene.
  • January 5, 2023: The federal district judge granted summary judgment in favor of Lainey and dissolved the preliminary injunction that was initially put in place, affirming that the women’s sports law is constitutional.
  • February 2023: The plaintiff appealed that ruling to the U.S Court of Appeals for the 4th Circuit, which issued an injunction blocking West Virginia’s women’s sports law. The appeals court did not provide any rationale for its decision.
  • March 2023: Attorneys with ADF and the West Virginia attorney general’s office filed a motion asking the Supreme Court to remove the appeals court’s injunction.
  • April 2023: The Supreme Court declined to vacate the 4th Circuit’s injunction. The Court did not rule on the merits of the case.
  • April 2024: The 4th Circuit reversed part of the lower court’s decision, stripping West Virginia of its ability to protect fairness in women’s sports.
  • July 2024: The state of West Virginia, alongside ADF attorneys as co-counsel, asked the U.S. Supreme Court to hear the case.
  • July 2025: The Supreme Court agreed to hear the case.
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