Supreme Court to hear case of trans W. Virginia teen athlete in January

The U.S. Supreme Court has set Tuesday, Jan. 13, for oral arguments to be heard in West Virginia vs. B.P.J., a case centered around the state’s “Save Women’s Sports Law,” and trans high school sophomore Becky Pepper-Jackson.

The Bridgeport, W. Va., teen has been fighting with the state over her participation in school sports for almost five years.

West Virginia first passed the law to ban trans girls and women from playing women’s sports in 2021 when Pepper-Jackson was a 13-year-old on her middle school’s cross-country team. She challenged the law in court, where it was upheld by appeal, but the 4th U.S. Circuit Court of Appeals blocked the law from being implemented.

The U.S. Supreme Court also rejected an attempt by the state of West Virginia to allow enforcement as the case moved through the courts.

In 2024, the 4th Circuit ruled that the law violates Title IX and is unconstitutional under the 14th Amendment, the Equal Protection Clause. Both questions will be decided by the nation’s high court in a decision to be rendered in late summer or fall of 2026. A decision would affect the status of such laws in effect in 28 states.

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Trans athlete medals at West Virginia state high school meet, and the Governor is hating it
Trans athlete Becky Pepper-Jackson competed as a freshman at the West Virginia state track meet and won a medal.

“I play for my school for the same reason other kids on my track team do — to make friends, have fun, and challenge myself through practice and teamwork,” Pepper-Jackson, 15, said in a statement sent by the ACLU, which is part of her legal defense.

“And all I’ve ever wanted was the same opportunities as my peers. Instead, I’ve had my rights and my life debated by politicians who’ve never even met me but want to stop me from playing sports with my friends.

“I know this case isn’t just about me, or even just about sports. It’s just one part of a plan to push transgender people like me out of public life entirely. I’m proud to stand up alongside my mom for what I believe and who I am and I want other transgender kids to know they aren’t alone.”

The law, the case and the young defendant have been the cornerstones of the debate over transgender inclusion in women’s sports. West Virginia Gov. Patrick Morrisey served as the state’s attorney general when the initial complaints went to the courts in 2021.

The issue was a key piece of his candidacy for governor in 2024, including directly criticizing Pepper-Jackson’s participation, including referring to her as a “hulking male” while competing in middle school.

After being elected, he continued his criticism.

“A boy is competing in girls’ sports at the high school state track meet in West Virginia,” Morrisey said amid news that Pepper-Jackson was competing in the state high school track and field championships in May. “It’s wrong and unfair. I’m again urging officials to keep separate scores so that the true winners can be awarded once we win in court.”

Pepper-Jackson became the first out trans high school student in her state to compete in the championship. She had a successful meet and earned a bronze medal in the Class AAA girls discus. The previous year as an eighth-grader, she confronted demonstrations organized by anti-trans organizations.

“I’ve always raised my children to stay true to themselves, no matter what anyone else tells them,” says Heather Jackson, Becky’s mom. “I’m so proud of Becky and the young woman she’s becoming, one who is hardworking, kind, and a team player. My daughter and every transgender kid like her deserves the freedom to be themselves and a future where no one is discriminated against just because of who they are.”

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