West Virginia’s Transgender Sports Ban Faces Supreme Court as Former Governor Jim Justice Defends Law
HEDGESVILLE, W.Va. — As the Supreme Court prepares to hear arguments next week on West Virginia’s controversial transgender sports ban, former Governor Jim Justice spoke out passionately in defense of the law he signed in 2021, known as the Save Women’s Sports Act. Now serving as a U.S. Senator, Justice emphasized the importance of protecting opportunities for female athletes and called on the nation to “stand up for our girls.”
Justice’s law prohibits transgender girls from competing in women’s scholastic sports, a measure that has ignited a fierce legal battle culminating in the case West Virginia v. B.P.J. The case originated when a transgender girl from the Bridgeport area, identified in court documents as B.P.J., sued to overturn the ban and gain eligibility to participate on girls’ sports teams. After a trial court upheld the law in 2023, an appellate court overturned it in April 2024. The Supreme Court agreed in July to review the case, scheduling oral arguments for Tuesday.
Speaking exclusively to Fox News Digital after coaching the Greenbrier East High School girls’ basketball team to a victory near Berkeley Springs, Justice described the stakes as “hugely important.” He expressed frustration with what he sees as a failure to support female athletes, saying, “Why in the world don’t we step up and stand behind all the young girls and all the women who are trying to participate in athletics?”
Justice recounted his firsthand experience coaching girls’ basketball, noting the dedication and hard work of the athletes. “They absolutely don’t deserve to be disadvantaged,” he said, adding that allowing biological males to compete against girls undermines fairness in women’s sports.
The former governor’s comments come as the case has drawn national attention, spotlighting the complex intersection of civil rights, gender identity, and athletic competition. Justice and West Virginia Attorney General JB McCuskey, along with current Governor Patrick Morrisey, have championed the law’s defense before the Supreme Court. They argue that Title IX, the landmark 1972 federal civil rights law prohibiting sex-based discrimination in education, was intended to protect biological females and that any expansion to include gender identity should be determined by Congress, not the courts.
Justice was among several lawmakers who filed an amicus brief supporting West Virginia’s position. The brief underscores the view that Congress should lead any changes to Title IX protections, rather than judicial reinterpretation.
As the nation awaits the Supreme Court’s ruling, the case has ignited debates across the country about the rights of transgender athletes and the future of women’s sports. The Supreme Court will weigh whether states can enforce bans like West Virginia’s or if such policies violate constitutional protections.
Advocates for transgender rights, including organizations such as the American Civil Liberties Union, have criticized laws like the Save Women’s Sports Act as discriminatory. Meanwhile, supporters emphasize the need to preserve competitive fairness and opportunities for female athletes.
The case also resonates with other states that have enacted similar bans, making the Supreme Court’s decision a potential national precedent. As Justice put it, “If we can’t stand up for our girls; stand up for our women; I don’t know what in the world is wrong with us.”
The hearing is set for Tuesday, January 13, 2026, and is expected to draw widespread attention given its implications for sports, education, and civil rights across the United States. For more information on the case and related policies, visit the U.S. Department of Education and the Department of Health and Human Services websites.
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