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West Virginia v. B. P. J.

2026-06-30

Authorities cited

Opinion

majority opinion

(Slip Opinion) OCTOBER TERM, 2025 1

Syllabus

NOTE: Where it is feasible, a syllabus (headnote) will be released, as is

being done in connection with this case, at the time the opinion is issued.

The syllabus constitutes no part of the opinion of the Court but has been

prepared by the Reporter of Decisions for the convenience of the reader.

See United States v. Detroit Timber & Lumber Co., 200 U. S. 321, 337.

SUPREME COURT OF THE UNITED STATES

Syllabus

WEST VIRGINIA ET AL. v. B. P. J., BY HER NEXT

FRIEND AND MOTHER, HEATHER JACKSON

CERTIORARI TO THE UNITED STATES COURT OF APPEALS FOR

THE FOURTH CIRCUIT

No. 24–43. Argued January 13, 2026—Decided June 30, 2026*

The question before the Court in these cases is whether, under Title IX

and the Equal Protection Clause of the Fourteenth Amendment,

schools may maintain women’s and girls’ sports teams for biological

females, i.e., may schools determine eligibility for female sports based

on biological sex? In the past six years, 27 States have enacted laws

that maintain female sports for biological females.

In 2021, West Virginia enacted the Save Women’s Sports Act, which

prohibits male students from playing on female teams. W. Va. Code

Ann. §§18–2–25d(c)(2)–(3). The law specifies that sex is determined

by biology. §§18–2–25d(a)(4), (b)(1). The legislature expressly found

that prohibiting biological male participation in female sports is necessary to promote equal athletic opportunities for women and girls.

See §§18–2–25d(a)(1), (3), (5). Respondent B. P. J., who identifies as

female, is a biological male as defined by §§18–2–25d(a)(4), (b)(1).

B. P. J. has sought to participate on the girls’ cross-country and trackand-field teams at school. B. P. J. sued West Virginia and relevant

officials for alleged violations of Title IX and the Equal Protection

Clause of the Fourteenth Amendment. The U. S. District Court for the

Southern District of West Virginia granted summary judgment for the

State on both claims. On appeal, the Fourth Circuit reversed on the

Title IX issue and remanded for further fact-finding on the Equal Protection Clause claim. 98 F. 4th 542.

*Together with No. 24–38, Little, Governor of Idaho, et al. v. Hecox et al., on certiorari to the United States Court of Appeals for the Ninth Circuit.

2 WEST VIRGINIA v. B. P. J.

Syllabus

In 2020, Idaho enacted the Fairness in Women’s Sports Act, which

prohibits male students from participating on female teams. Idaho

Code Ann. §33–6203. The Idaho law states that sex is determined by

biology. Ibid. And the law declares that “separate sex-specific teams

furthers efforts to promote sex equality . . . by providing opportunities

for female athletes.” §33–6202(12). It also recognizes the physical differences between biological males and biological females. §§33–

6202(1)–(5), (7), (8), (10)–(12). The law further found that the benefit

“that natural testosterone provides to male athletes is not diminished

through the use of puberty blockers and cross-sex hormones.” §33–

6202(11). Respondent Hecox, who identifies as female, is a biological

male as defined by §33–6203. Hecox competed for the women’s club

soccer team, and tried out for the women’s Division I track and crosscountry teams. Shortly after Idaho enacted the Fairness in Women’s

Sports Act, Hecox sued Idaho and relevant officials, alleging a violation

of the Equal Protection Clause. The U. S. District Court for the District of Idaho granted a preliminary injunction barring enforcement of

the Fairness in Women’s Sports Act, and the Ninth Circuit affirmed.

104 F. 4th 1061.

Held:

1. Title IX allows schools to provide separate women’s and men’s sports teams defined by biological sex, and West Virginia has permissibly maintained female sports for biological females consistent with Title IX. Pp. 8–14.

(a) Title IX provides: “No person in the United States shall, on the basis of sex, be excluded from participation in, be denied the benefits of, or be subjected to discrimination under any education program or activity receiving Federal financial assistance.” 20 U. S. C. §1681(a). Two years after Title IX became law in 1972, Congress passed the Javits Amendment, which directed the then-Department of Health, Education, and Welfare (HEW) to promptly issue “regulations implementing the provisions of ” Title IX with respect to “the prohibition of sex discrimination.” §844, 88 Stat. 612. The amendment further specified that the regulations “shall include with respect to” “athletic activities reasonable provisions considering the nature of particular sports.” Ibid. (emphasis added). In 1975, HEW promulgated comprehensive regulations requiring that schools provide “equal athletic opportunity for members of both sexes” and authorizing “separate teams for members of each sex where selection for such teams is based upon competitive skill or the activity involved is a contact sport.” 34 CFR §§106.41(b), (c). Pp. 8–10.

(b) The term “sex” in Title IX, the Javits Amendment, and the Title IX regulations cannot plausibly be interpreted to refer to anything other than biological sex. The ordinary meaning of the term “sex” at

Cite as: 609 U. S. ___ (2026) 3

Syllabus

the time of enactment in the early 1970s was biological sex and not gender identity, particularly in the sports context. See, e.g., Frontiero v. Richardson, 411 U. S. 677, 686 (“sex” is “an immutable characteristic”). In addition, the Title IX regulations allowed separate sports teams precisely because of the inherent physical differences between biological men and biological women.

While B. P. J. agrees that Title IX permits schools to maintain separate female and male teams and to prohibit most biological males from playing on women’s and girls’ teams, B. P. J. argues that schools must make an exception to that general rule for biological males who identify as female and have taken puberty blockers or hormones. But the texts of Title IX, the Javits Amendment, and the Title IX regulations do not support that argument, and do not speak to that issue in a way that could properly be interpreted to require schools to allow biological males to participate in women’s and girls’ sports.

B. P. J. argues that if the regulations authorize a school to limit female sports teams to biological females without exception, then the regulations are not “reasonable” as required by the Javits Amendment, §844, 88 Stat. 612. The Court concludes that separate sports teams for biological males and biological females are reasonable given the inherent physical differences between the sexes. In assessing the reasonableness of the regulations, the Court must recognize the distinctiveness of competitive sports—and the safety and competitive fairness issues that can arise when females are forced to compete against males. In recent years, 27 States and various sports-governing bodies have all drawn the same line. Pp. 10–12.

(c) The Court rejects B. P. J.’s two other Title IX-related arguments. B. P. J. contends that the school’s policy violates Title IX because the policy effectively excludes B. P. J. from any competitive sports teams at the school. While it is an unhappy occasion whenever a student who wants to play school sports cannot do so, the Title IX regulations guarantee only “equal athletic opportunity.”

B. P. J. relies on Title VII of the Civil Rights Act of 1964, 42 U. S. C. §2000e–2(a)(1), and Bostock v. Clayton County, 590 U. S. 644, as support for interpreting Title IX to require that schools allow biological males on female teams. Title VII and Bostock are not relevant in this very different statutory and factual context of sports. Pp. 13–14.

2. West Virginia and Idaho did not violate the Equal Protection Clause of the Fourteenth Amendment by maintaining female sports teams for biological females. Pp. 14–25, 27–29.

(a) The challenged West Virginia and Idaho laws make sex-based classifications in limiting female teams to biological females. Under this Court’s equal protection precedents, sex-based classifications are permissible only when the classification is “substantially related” to 4 WEST VIRGINIA v. B. P. J.

Syllabus

achieving an “important” government objective. United States v.

Skrmetti, 605 U. S. 495, 510 (quotation marks omitted). The States

argue—and the Court agrees—that the interests of safety and competitive fairness are important interests for purposes of equal protection

analysis. And the States’ sex-based classification—limiting women’s

and girls’ sports to biological females—is substantially related to those

interests. See Ibid. Schools may determine eligibility for women’s and

girls’ sports based on biological sex. Pp. 14–17.

(b) Respondents acknowledge that States may exclude most biological males from women’s and girls’ sports, given the general physical

differences between males and females. The Equal Protection Clause

does not prohibit the States from applying that same principle to all

biological males, including those who identify as female. States are

not required to conduct an individual-by-individual comparison of the

physical and athletic capabilities of all biological males in order to satisfy intermediate scrutiny. Under the intermediate scrutiny test the

“validity of the regulation depends on the relation it bears to the overall problem the government seeks to correct, not on the extent to which

it furthers the government’s interests in an individual case.” Ward v.

Rock Against Racism, 491 U. S. 781, 801. Intermediate scrutiny permits a sex-based classification that, as here, is “not invidious, but rather realistically reflects the fact that the sexes are not similarly situated in certain circumstances.” Michael M. v. Superior Court, Sonoma

Cty., 450 U. S. 464, 469 (plurality opinion).

The as-applied argument that the States’ sex-based classification is

generally permissible—but not as applied to those biological males

such as B. P. J. and Hecox who identify as female and have taken puberty blockers or hormones—fails for the same reasons. Particularly

in the sports context, determining the effects of the puberty blockers

and hormones taken by transgender athletes—and then comparing

each of those transgender athletes’ abilities to those of other individual

biological males and individual biological females in the relevant

sport—would be an almost impossible task for a judge to perform on

an equitable basis. The legislatures and the schools are better

equipped—and under the Constitution, are the more appropriate entities—to assess the competing medical and scientific considerations

and draw appropriate lines.

The argument that the challenged laws unconstitutionally discriminate against transgender individuals is unavailing. Under this Court’s

decision in Skrmetti, the challenged laws do not classify based on gender identity or transgender status, see 605 U. S., at 517, but instead

on the basis of biological sex. The classification at issue readily satisfies rational basis review or intermediate scrutiny. Pp. 17–24.

(c) The underlying medical and scientific premise of the equal

Cite as: 609 U. S. ___ (2026) 5

Syllabus

protection challenge here is that at least some biological males who

identify as female and take puberty blockers or hormones do not retain

physical advantages over biological females. That premise is the subject of ongoing medical and scientific debate. Even if true, that empirical claim would not alter the equal protection conclusion set forth

above. Pp. 24–26.

No. 24–43, 98 F. 4th 542, and No. 24–38, 104 F. 4th 1061, reversed and remanded.

KAVANAUGH, J., delivered the opinion of the Court, in which ROBERTS, C. J., and THOMAS, ALITO, GORSUCH, and BARRETT, JJ., joined. THOMAS, J., and GORSUCH, J., filed concurring opinions. SOTOMAYOR, J., filed an opinion concurring in the judgment in part and dissenting in part, in which KAGAN and JACKSON, JJ., joined. JACKSON, J., filed an opinion concurring in the judgment in part and dissenting in part.

Cite as: 609 U. S. ____ (2026) 1

Opinion of the Court

NOTICE: This opinion is subject to formal revision before publication in the

United States Reports. Readers are requested to notify the Reporter of

Decisions, Supreme Court of the United States, Washington, D. C. 20543,

pio@supremecourt.gov, of any typographical or other formal errors.

SUPREME COURT OF THE UNITED STATES

Nos. 24–43 and 24–38

WEST VIRGINIA, ET AL., PETITIONERS

24–43 v.

B. P. J., BY HER NEXT FRIEND AND MOTHER, HEATHER

JACKSON

ON WRIT OF CERTIORARI TO THE UNITED STATES COURT OF

APPEALS FOR THE FOURTH CIRCUIT

BRADLEY LITTLE, GOVERNOR OF IDAHO, ET AL.,

PETITIONERS

24–38 v.

LINDSAY HECOX, ET AL.

ON WRIT OF CERTIORARI TO THE UNITED STATES COURT OF

APPEALS FOR THE NINTH CIRCUIT

[June 30, 2026]

JUSTICE KAVANAUGH delivered the opinion of the Court.

Title IX transformed American sports and American life.

Enacted in 1972, that landmark law promoted equal

opportunity for female student-athletes and has facilitated

the extraordinary growth of women’s and girls’ sports over

the past 54 years.

To provide equal opportunity for female athletes, schools

do not merely maintain, for example, one soccer team, one

basketball team, one ice hockey team, and one lacrosse

team that are equally open to female and male athletes.

That approach would deny equal opportunity to female

athletes because, as all agree, females and males have

2 WEST VIRGINIA v. B. P. J.

Opinion of the Court

inherent physical differences relevant to athletic

performance.

Those “[p]hysical differences between men and women”

are “enduring.” United States v. Virginia, 518 U. S. 515,

533 (1996). The differences include, among other things,

height, weight, strength, speed, endurance, and jumping

ability. Therefore, in contact sports, forcing female athletes to compete against males can create significant safety risks.

And in virtually all competitive sports, forcing female

athletes to compete against males can undermine

competitive fairness.

To ensure equal opportunity for female athletes, schools

therefore typically maintain separate women’s and men’s

sports teams. Women’s teams compete against other

women’s teams, and men’s teams compete against other

men’s teams. To ensure equal opportunity, Title IX’s

regulations also require schools to provide the women’s and

men’s teams equivalent equipment, facilities, scheduling,

and the like.

In recent years, some biological males who identify as

female have sought to play on women’s or girls’ sports

teams. That modern development has triggered national

and international concerns about safety and competitive

fairness for female athletes, as well as related worries about preserving equal opportunity for women and girls to play

sports. For those reasons, 27 States—as well as the

International Olympic Committee, the United States

Olympic and Paralympic Committee, and the NCAA—have

banned all biological males from competing in women’s and

girls’ sports.

These cases concern two of those state laws, from West

Virginia and Idaho. The question before the Court is:

Under Title IX and the Equal Protection Clause of the

Fourteenth Amendment, may schools maintain women’s

and girls’ sports for biological females? In other words, may

Cite as: 609 U. S. ____ (2026) 3

Opinion of the Court

schools determine eligibility for women’s and girls’ sports

based on biological sex? The answer is yes.1

I

A

Prior to Title IX’s enactment in 1972, the participation of

the two sexes in American sports was badly skewed. In the

1971–1972 school year, only about 300,000 high school girls

played sports. Meanwhile, about 3.6 million high school

boys played sports. The situation was similarly imbalanced

at the college level. See NCAA, Title IX 50th Anniversary:

The State of Women in College Sports 15, 17.

The low female participation rate was the byproduct of

overt sex discrimination, as well as mistaken stereotyping

of American women and girls. Men and boys usually

received more encouragement and more opportunities to

play sports than women and girls. And male sports teams

typically received more funding and resources than female

teams. As of 1972, for example, women’s sports reportedly

accounted for only 2% of annual college athletics spending.

130 Cong. Rec. S4601 (Apr. 12, 1984) (remarks of Sen.

Stevens).

In 1972, in a belated but historic response to persistent

discrimination against women in educational institutions,

including in athletics, Congress passed and President

Nixon signed Title IX of the Education Amendments of

1972. Title IX prohibits “discrimination under any

1 As the plaintiffs, the States, and the United States as amicus curiae

all agree, these cases do not present the distinct question of whether, under Title IX and the Equal Protection Clause, schools may allow biological males who identify as female to participate on girls’ and women’s sports teams. That question is currently the subject of litigation in some lower courts. Nothing in this opinion is intended to decide that question. In addition, nothing in this opinion should be interpreted to address or limit participation by biological females on male or co-ed sports teams.

4 WEST VIRGINIA v. B. P. J.

Opinion of the Court

education program or activity receiving Federal financial

assistance” “on the basis of sex.” 20 U. S. C. §1681(a).

Few laws have been as effective and consequential in dayto-day American life as Title IX. Every day across America,

gyms, fields, and other sports venues are filled with female

athletes competing fiercely in youth, high school, college,

and professional sports. About 3.5 million high school girls

now play sports. Nat. Federation of State High School

Assns., 2024–2025 High School Athletics Participation

Survey, p. 57 (Aug. 22, 2025). An additional 235,000

women play competitively in college. NCAA, Title IX 50th

Anniversary: The State of Women in College Sports 16–17;

NCAA, Sports Sponsorship and Participation Rates Report,

p. 94 (Sept. 4, 2025).

Participation in sports has enabled countless American

women and girls to be on a team, to take part in the human

drama of athletic competition, to overcome the agony of

defeat and know the thrill of victory. And those lessons and

experiences in sports have empowered millions of American

women who have gone on to thrive in all aspects of

American life.

B

Over the past several years, some biological males who

identify as female have sought to play various women’s and

girls’ sports. Some of them have taken, as relevant here:

(i) puberty-blocking drugs that suppress the rise of pubertyinducing hormones; or (ii) cross-sex hormones and other

drugs, such as those that suppress testosterone or increase

estrogen, sometimes called hormone therapy. (For ease of

reference, we will refer to puberty blockers and hormones.)

Those biological males contend that by taking puberty

blockers or hormones, they can mitigate the physical

advantages inherent to their biological sex, as relevant to

sports.

Cite as: 609 U. S. ____ (2026) 5

Opinion of the Court

Intense policy and legal disputes have ensued over

whether biological males should be allowed to play on

women’s and girls’ sports teams. Many athletic

organizations and States have recently acted decisively to

prohibit all biological males from participating in women’s

sports—that is, to limit women’s and girls’ teams to

biological females.

In 2025, the NCAA prohibited biological male students,

including those who identify as female and have taken

hormones, from competing on women’s teams. The U. S.

Olympic and Paralympic Committee followed suit, likewise

prohibiting biological males from competing in women’s

sports. NCAA, Participation Policy for Transgender

Student-Athletes (Feb. 6, 2025); USOPC, Athlete Safety

Policy §3.3 (June 18, 2025).

More recently, the International Olympic Committee

similarly limited Olympic participation in women’s sports

to biological females. The IOC did so in order to “protect

fairness in such sports and events, as well as safety

particularly in contact sports.” The IOC found that

biological males possess a “performance advantage in all

sports and events that rely on strength, power, and/or

endurance,” including a “20+ per cent” advantage in “most

throwing and jumping events,” a “10-12 per cent”

advantage in “most running and swimming events,” and a

“greater than 100 per cent” advantage in “events that

involve explosive power.” IOC, Policy on the Protection of

the Female (Women’s) Category in Olympic Sport and

Guiding Considerations for International Federations and

Sports Governing Bodies 2, 3 (Mar. 26, 2026).

Moreover, the IOC found that “athletes retain Male

performance advantage due in part to training effects and

fixed traits. There is no current evidence that testosterone

suppression or gender-affirming hormone treatment

eliminates this advantage.” Id., at 3.

6 WEST VIRGINIA v. B. P. J.

Opinion of the Court

Most relevant for present purposes: In the past six years,

27 States have enacted laws that maintain women’s and

girls’ sports for biological females. These cases concern two

of those state laws, from West Virginia and Idaho.

C

West Virginia has long authorized sex-separated school

sports teams “where selection for such teams is based upon

competitive skill.” W. Va. Code Rule §127–2–3.8 (2025). In

2021, the West Virginia Legislature passed and Governor

Justice signed the Save Women’s Sports Act. The Save

Women’s Sports Act prohibits male students from playing

on female teams. W. Va. Code Ann. §§18–2–25d(c)(2)–(3)

(2022).

The law specifies that sex is determined by biology.

§§18–2–25d(a)(4), (b)(1). The legislature expressly found

that prohibiting biological male participation in female

sports is necessary to promote equal athletic opportunities

for women and girls. See §§18–2–25d(a)(1), (3), (5).

B. P. J. is a biological male who identifies as female. In

third grade, B. P. J. socially transitioned and adopted a new

name. Soon thereafter, B. P. J. took puberty blockers to

prevent male puberty, and in sixth grade, B. P. J. also

began to take hormones.

Shortly after passage of the West Virginia law, as B. P. J.

was about to enter sixth grade, B. P. J.’s middle school

principal informed B. P. J.’s mother that B. P. J. could not

participate on the girls’ cross-country and track-and-field

teams. B. P. J. is now in high school, where the same

policies apply.

B. P. J. sued West Virginia officials and agencies for

alleged violations of Title IX and the Equal Protection

Clause of the Fourteenth Amendment. The U. S. District

Court for the Southern District of West Virginia granted

summary judgment for the State on both claims. On

appeal, the U. S. Court of Appeals for the Fourth Circuit

Cite as: 609 U. S. ____ (2026) 7

Opinion of the Court

reversed on the Title IX issue and remanded for further

fact-finding on the Equal Protection Clause claim. 98 F. 4th

542 (2024). This Court granted certiorari. 606 U. S. 959

(2025).

During the ongoing litigation, B. P. J. competed on the

teams. Recently, B. P. J. won the West Virginia Class AAA

high school state championship in girls’ shot put and

finished fourth in girls’ discus. B. P. J. won the Region 2

championship in both events. See Supp. Letter of W. Va. in

No. 24–43 (May 29, 2026).

D

In 2020, the Idaho Legislature passed and Governor

Little signed the Fairness in Women’s Sports Act. Like the

West Virginia law, the Idaho law prohibits male students

from participating on female teams. Idaho Code Ann. §33–

6203.

The Idaho law states that sex is determined by biology.

Ibid. And the law declares that “separate sex-specific

teams furthers efforts to promote sex equality . . . by

providing opportunities for female athletes.” §33–6202(12)

(2025). It also recognizes the physical differences between

biological males and biological females. §§33–6202(1)–(5),

(7), (8), (10)–(12).

The law further found that the benefit “that natural

testosterone provides to male athletes is not diminished

through the use of puberty blockers and cross-sex

hormones. §33–6202(11).

Hecox is a biological male who identifies as female.

Hecox underwent male puberty. In college, Hecox began to

take hormones. Hecox attends Boise State University and

has competed for the women’s club soccer team. Hecox also

has tried out for the women’s Division I track and crosscountry teams.

Shortly after Idaho enacted the Fairness in Women’s

Sports Act, Hecox sued Idaho officials and agencies,

8 WEST VIRGINIA v. B. P. J.

Opinion of the Court

alleging a violation of the Equal Protection Clause. The

U. S. District Court for the District of Idaho granted a

preliminary injunction barring enforcement of the Fairness

in Women’s Sports Act, and the U. S. Court of Appeals for

the Ninth Circuit affirmed. 104 F. 4th 1061 (2023). This

Court granted certiorari. 606 U. S. 959 (2025).

II

We first address the Title IX issue, which is raised only

by B. P. J. in the West Virginia case. B. P. J. argues that

the State and school officials violated Title IX by excluding

B. P. J. from the girls’ cross-country and track-and-field

teams. Under Title IX, according to B. P. J., schools must

allow biological males who identify as female and have

taken puberty blockers or hormones to compete on girls’

sports teams. We respectfully disagree.

A

Passed by Congress and signed by President Nixon in

1972, Title IX provides: “No person in the United States

shall, on the basis of sex, be excluded from participation in, be denied the benefits of, or be subjected to discrimination

under any education program or activity receiving Federal

financial assistance.” 20 U. S. C. §1681(a).

As originally enacted, Title IX did not explicitly address

sports. Two years after Title IX became law, Congress

passed and President Ford signed what is known as the

Javits Amendment. The Javits Amendment directed the

then-Department of Health, Education, and Welfare (HEW)

to promptly issue “regulations implementing the provisions

of ” Title IX with respect to “the prohibition of sex

discrimination.” §844, 88 Stat. 612. The amendment

further specified that the regulations “shall include with

respect to” “athletic activities reasonable provisions

considering the nature of particular sports.” Ibid. (emphasis added).

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Opinion of the Court

In 1975, pursuant to that statutory directive, HEW

promulgated comprehensive regulations to prevent sex

discrimination in school sports. 40 Fed. Reg. 24128. Most

critically, the regulations required that schools provide

“equal athletic opportunity for members of both sexes” and

authorized “separate teams for members of each sex where

selection for such teams is based upon competitive skill or

the activity involved is a contact sport.” 34 CFR

§§106.41(b), (c) (2025). The regulations defined contact

sports as “boxing, wrestling, rugby, ice hockey, football,

basketball and other sports the purpose or major activity of

which involves bodily contact.” Ibid.

Those regulations took effect on July 21, 1975, and they

remain in place today. Because HEW’s interpretation of

Title IX was “issued contemporaneously with the statute”

and has “remained consistent over time,” it is “especially

useful in determining the statute’s meaning.” Loper Bright

Enterprises v. Raimondo, 603 U. S. 369, 394 (2024).2

B

The question is whether Title IX permits schools to

maintain women’s and girls’ sports for biological females.

The answer is yes.

Title IX prohibits discrimination on the basis of sex. Title

IX’s implementing regulations expressly permit schools to

maintain separate teams for “members of each sex.”

2 In relevant part, §106.41 of the regulations states:

“(b) Separate teams. Notwithstanding the requirements of paragraph (a) of this section, a recipient may operate or sponsor separate teams for members of each sex where selection for such teams is based upon competitive skill or the activity involved is a contact sport. . . . For the purposes of this part, contact sports include boxing, wrestling, rugby, ice hockey, football, basketball and other sports the purpose or major activity of which involves bodily contact.

“(c) Equal opportunity. A recipient which operates or sponsors interscholastic, intercollegiate, club or intramural athletics shall provide equal athletic opportunity for members of both sexes.”

10 WEST VIRGINIA v. B. P. J.

Opinion of the Court

§106.41(b). The term “sex” in the 1972 Title IX statute, the

1974 Javits Amendment, and the 1975 Title IX regulations

cannot plausibly be interpreted to refer to anything other

than biological sex. The ordinary meaning of the term “sex”

at the time of enactment in the early 1970s was biological

sex and not gender identity, particularly in the sports

context. See, e.g., Frontiero v. Richardson, 411 U. S. 677,

686 (1973) (plurality opinion) (“sex” is “an immutable

characteristic”).

In addition, the Title IX regulations allowed separate

sports teams precisely because of the biological differences

between the sexes—namely, the inherent physical

differences between biological women and biological men.

For example, the regulations authorized separate women’s

and girls’ teams in sports when the teams are “based upon

competitive skill or the activity involved is a contact sport.” §106.41(b). By referring to contact sports and competitive

skill, the regulations plainly recognized the inherent

physical differences between biological men and biological

women—as well as the safety and competitive fairness

concerns that would arise if males were allowed to compete

in female sports. As Justice Stevens explained a few years

afterwards: “Without a gender-based classification in

competitive contact sports, there would be a substantial

risk that boys would dominate the girls’ programs and deny

them an equal opportunity to compete in interscholastic

events.” O’Connor v. Board of Ed. of School Dist. 23, 449

U. S. 1301, 1307 (1980) (in chambers).

Notably, B. P. J. does not seriously contest that the term

“sex” in Title IX, the Javits Amendment, and the

regulations means biological sex. Moreover, B. P. J. agrees

with West Virginia and the United States as amicus curiae

that Title IX permits schools to maintain separate female

and male teams and to prohibit most biological males from

playing on women’s and girls’ teams. B. P. J. disagrees

with West Virginia and the United States only about

Cite as: 609 U. S. ____ (2026) 11

Opinion of the Court

whether schools must make an exception to that general

rule for biological males who identify as female and have

taken puberty blockers or hormones.

But the texts of Title IX, the Javits Amendment, and the

Title IX regulations do not say (or even hint) that schools

must allow certain biological males to participate in

women’s and girls’ sports. Nor do the statute or regulations

say that schools must make an exception for those biological

males who identify as female and have taken puberty

blockers or hormones. Put simply, the statute and

regulations do not speak to that issue in a way that could

properly be interpreted to require schools to allow biological males to participate in women’s and girls’ sports.

B. P. J. counters with an argument based on the 1974

Javits Amendment. B. P. J. zeroes in on the Javits

Amendment’s directive that HEW, in its regulations, adopt

“reasonable provisions considering the nature of particular

sports.” §844, 88 Stat. 612 (emphasis added). As B. P. J.

sees things, if the regulations authorize a school to limit

women’s and girls’ sports teams to biological females, then

the regulations are not “reasonable” and therefore are

unlawful.

We disagree. Separate sports teams for biological males

and biological females are reasonable: Given the inherent

physical differences between the sexes, allowing only

biological females to play on women’s and girls’ teams can

reduce the risk of physical injury and ensure fair

competition. True, some might prefer a different rule

allowing biological males who identify as female to

participate on women’s and girls’ sports teams, at least in

certain circumstances. But it was surely “reasonable” for

HEW in 1975 to draw a biological line—a line where

biological males play only on male sports teams and only

biological females play on female sports teams. Even in

recent years, 27 States, the NCAA, the USOPC, and the

IOC have all drawn the same line.

12 WEST VIRGINIA v. B. P. J.

Opinion of the Court

In assessing the reasonableness of the regulations, we

also must recognize the distinctiveness of competitive

sports—and the safety and competitive fairness issues that

can arise when females are forced to compete against

males.

With respect to safety, allowing biological males to play

on women’s and girls’ sports teams can put women and girls

at significant risk of injuries. The safety risks are

particularly severe in contact sports.

And as to competitive fairness, allowing biological males

to play on women’s and girls’ sports teams can put female

athletes at a serious disadvantage. That is because sports

are generally zero sum. Allowing a biological male athlete

to compete on a girls’ team necessarily displaces or

disadvantages a female athlete—replacing her on the

roster, knocking her out of the starting lineup, reducing her

playing time, depriving her of a medal, and the like. That

hard reality of sports cannot be ignored or swept under the

rug. On the contrary, that reality must and does inform

interpretation of the term “reasonable” in the Javits

Amendment.

Whether biological males may participate on women’s

and girls’ sports teams may be a debated policy question.

But the legal question for Title IX purposes is whether West

Virginia may limit women’s and girls’ sports teams to

biological females. As a matter of text and history, West

Virginia may do so.

C

B. P. J. advances two other Title IX-related arguments

that warrant brief mention.

First, B. P. J. contends that the school’s policy violates

Title IX because the policy effectively excludes B. P. J. from any competitive sports teams at the school. B. P. J. has

taken puberty blockers and hormones, meaning that

B. P. J. apparently will no longer be strong or fast enough

Cite as: 609 U. S. ____ (2026) 13

Opinion of the Court

to compete successfully against boys. Moreover, B. P. J.

might not want to compete against boys. Either way, it is

an unhappy occasion whenever a student who wants to play

school sports cannot do so. We appreciate the desire of

every student, including B. P. J., who wants to play school

sports. And we recognize that student-athletes are

understandably disappointed and upset when they do not

make a team or otherwise cannot participate. But the Title

IX regulations guarantee “equal athletic opportunity.” The

regulations cannot and do not guarantee every student a

spot on a team’s roster.

Second, B. P. J. cites Title VII of the Civil Rights Act of

1964, 42 U. S. C. §2000e–2(a)(1), and Bostock as support for

interpreting Title IX to require that schools allow biological males on female teams. Title VII prohibits employment

discrimination “because of . . . sex,” and Bostock held that

the prohibition forbids firing an employee “for being gay or

transgender.” Bostock v. Clayton County, 590 U. S. 644,

662 (2020). B. P. J. contends that Title IX similarly bars

West Virginia’s law because (as B. P. J. sees things) the law

excludes B. P. J. from sports on the basis of gender identity.

We disagree. Title VII concerns employment, whereas

Title IX as relevant here focuses on sports. The two factual

contexts are vastly different. And the two statutes are also

“vastly different.” Jackson v. Birmingham Bd. of Ed., 544

U. S. 167, 175 (2005). In the workplace, Title VII generally

requires that men and women be treated without regard to

their sex. In the sports context, by contrast, Title IX

authorizes separate men’s and women’s sports teams. And

because Title IX permits separate teams, the only question

here is whether schools may limit women’s and girls’ sports

to biological females—a question that was not addressed by

Bostock, as the Court expressly noted. See 590 U. S., at 681

(we “do not purport to address bathrooms, locker rooms, or

anything else of the kind”). Stated simply, Title VII and

14 WEST VIRGINIA v. B. P. J.

Opinion of the Court

Bostock are not relevant in this very different statutory and

factual context.

In sum, Title IX allows schools to provide separate

women’s and men’s sports teams defined by biological sex.

Consistent with Title IX, West Virginia has permissibly

maintained women’s and girls’ sports for biological females.

III

We next address the constitutional challenges to the

West Virginia and Idaho laws under the Equal Protection

Clause of the Fourteenth Amendment. Both B. P. J. and

Hecox raise an equal protection argument. They contend

that the States violated the Equal Protection Clause by

maintaining female sports teams for biological females.

Again, we respectfully disagree.3

3 After this Court granted review, Hecox filed a suggestion of mootness

stating that Hecox will “cease playing women’s sports in any context covered by” the Idaho law. App. to Suggestion of Mootness, Decl. of L. Hecox in No. 24–38, ¶6 (Sept. 1, 2025). As the party asserting mootness, Hecox bears the “formidable burden of showing that it is absolutely clear the . . . behavior could not reasonably be expected to recur.” Already, LLC v. Nike, Inc., 568 U. S. 85, 91 (2013) (quotation marks omitted).

Hecox has been a student at Boise State University since 2019 and is still enrolled there. At Boise State, Hecox has competed on the women’s club soccer team and has sought to try out for the Division I women’s track and cross-country teams. In 2022, Hecox stated in a declaration to the Court of Appeals: “I intend to play for the BSU’s Women’s Club Soccer Team this semester, next semester, and through the remainder of my time at BSU.” Decl. of L. Hecox in No. 20–35813 etc., ¶21 (CA9, Sept. 21, 2022) (emphasis added).

Only in September 2025, after this Court granted certiorari, did Hecox articulate a different view about playing competitive sports at Boise State. But that shift may not be permanent, particularly given Hecox’s prior change in position. Cf. Erie v. Pap’s A. M., 529 U. S. 277, 287–288 (2000). Moreover, post-certiorari actions that would “insulate a decision from review by this Court must be viewed with a critical eye.” Knox v. Service Employees, 567 U. S. 298, 307 (2012).

Hecox remains an enrolled student at Boise State. Hecox’s case is not moot.

Cite as: 609 U. S. ____ (2026) 15

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A

Ratified in 1868, the Equal Protection Clause provides

that no State shall deny “to any person within its

jurisdiction the equal protection of the laws.” U. S. Const.,

Amdt. 14. That command “must coexist with the practical

necessity that most legislation classifies for one purpose or

another, with resulting disadvantage to various groups or

persons.” United States v. Skrmetti, 605 U. S. 495, 509

(2025) (quotation marks omitted).

Under this Court’s equal protection precedents, laws that

classify by sex are subject to what is known as intermediate

scrutiny: Sex-based classifications are permissible only

when the classification is “substantially related” to

achieving an “important” government objective. Id., at 510

(quotation marks omitted); see also United States v.

Virginia, 518 U. S. 515, 532–533 (1996) (Ginsburg, J., for

the Court); Mississippi Univ. for Women v. Hogan, 458 U. S.

718, 724–725 (1982) (O’Connor, J., for the Court).

The West Virginia and Idaho laws authorize separate

female and male sports teams. And the laws limit women’s

and girls’ sports teams to biological females. In doing so,

the laws make a sex-based classification that triggers

intermediate scrutiny.

So the equal protection questions become: What are the

States’ interests in maintaining separate teams for males

and females, and in limiting female teams to biological

females? And is the States’ sex-based classification—that

is, the limitation of women’s and girls’ sports teams to

biological females—substantially related to those interests?

The States start with the undisputed proposition that

biological males generally possess inherent physical

advantages in sports—in height, weight, strength, speed,

endurance, jumping ability, and the like. See United States

v. Virginia, 518 U. S., at 533 (“Physical differences between

men and women . . . are enduring”). Therefore, the States

say, limiting women’s and girls’ sports to biological females

16 WEST VIRGINIA v. B. P. J.

Opinion of the Court

(i) helps prevent serious physical injuries to female athletes and (ii) preserves opportunities for female athletes to fairly compete and succeed. And more broadly, the States

articulate the objective of promoting “equal athletic

opportunities for the female sex”—that is, to provide

opportunities for biological women and girls to compete only

against other biological women and girls. W. Va. Code Ann.

§18–2–25d(a)(5); see also Idaho Code Ann. §33–6202(12)

(“Having separate sex-specific teams furthers efforts to

promote sex equality” “by providing opportunities for

female athletes to demonstrate their skill, strength, and

athletic abilities”).

With respect to safety, the States say that allowing

biological males to play on women’s sports teams puts

women and girls at significant risk of sometimes severe

injuries. The safety risks are at their apex in contact sports, such as soccer, basketball, field hockey, lacrosse, and ice

hockey, among others. (Anyone who thinks that those

women’s and girls’ sports, and other sports like them, are

not contact sports has not witnessed a game recently.) And

safety concerns also exist in ostensibly non-contact sports,

such as volleyball, where spiked balls can cause serious

injuries, and softball, where line drives can similarly cause

significant harm.

As to competitive fairness, the States contend that

allowing biological males to play women’s and girls’ sports

would put female athletes at a debilitating disadvantage.

Again, sports are generally zero sum. Every biological male

who makes the team takes a roster spot from a female

athlete. Every biological male who earns playing time

reduces the playing time of a female athlete. Every

biological male who starts takes a starting position from a

female athlete. Every biological male who wins a race takes

the gold medal away from a female athlete. And so on.

Even if only one or a few males were to play on a women’s

Cite as: 609 U. S. ____ (2026) 17

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or girls’ team, that would still place specific individual

female athletes at a significant competitive disadvantage.

What is more, forcing women and girls to play against

biological males can deter some women and girls who would

otherwise participate in sports from doing so—out of

understandable concern about suffering serious injury or

participating in what they view as an unfair competition.

That second-order effect of allowing biological males to play

women’s and girls’ sports cannot be papered over, so the

States say.

Based on all of the above, the States argue—and we

agree—that the interests in safety and competitive fairness

are important for purposes of equal protection analysis.

And the States’ sex-based classification—limiting women’s

and girls’ sports to biological females—is substantially

related to those interests. See Skrmetti, 605 U. S., at 510;

Tuan Anh Nguyen v. INS, 533 U. S. 53, 70 (2001); Michael

M. v. Superior Court, Sonoma Cty., 450 U. S. 464, 472–473

(1981) (plurality opinion). Therefore, schools may maintain

women’s and girls’ sports for biological females. In other

words, schools may determine eligibility for women’s and

girls’ sports based on biological sex.

B

Once again, the plaintiffs agree with the States that,

consistent with the Equal Protection Clause, the States

may prohibit most biological males from women’s and girls’

teams. The plaintiffs’ equal protection argument is

narrower. They contend that safety and competitive

fairness, while sufficient reasons to exclude most biological

males, do not justify excluding a relatively small subclass

of biological males—namely, those biological males who

identify as female and have taken puberty blockers or

hormones.

The plaintiffs characterize their equal protection

argument in three overlapping ways—(i) as a lack of

18 WEST VIRGINIA v. B. P. J.

Opinion of the Court

substantial relationship between the law’s biological-sex

classification and the State’s interests in safety and

competitive fairness; (ii) as an as-applied challenge to the

biological-sex classification; and (iii) as discrimination

against transgender athletes. Under this Court’s

precedents, none of those three arguments succeeds.

First, the plaintiffs argue that the States have not

established a substantial relationship between (i) the

States’ interests in safety and competitive fairness and (ii)

limiting women’s and girls’ sports to biological females.

They say that the States’ interests in safety and competitive

fairness do not justify excluding all biological males—

including those who identify as female and have taken

puberty blockers or hormones—from participation in

women’s and girls’ sports.

But this Court’s equal protection precedents allow

general classifications like those made in the West Virginia

and Idaho laws so long as there is at least a substantial

relationship between the classification and the State’s

interests. See United States v. Virginia, 518 U. S., at 533.

After all, “most legislation classifies for one purpose or

another, with resulting disadvantage to various groups or

persons.” Skrmetti, 605 U. S., at 509 (quotation marks

omitted). As the Court has long recognized, “[p]erfection in

making the necessary classifications is neither possible nor

necessary.” Massachusetts Bd. of Retirement v. Murgia,

427 U. S. 307, 314 (1976) (per curiam). For that reason,

none of this Court’s “gender-based classification equal

protection cases have required that the statute under

consideration must be capable of achieving its ultimate

objective in every instance.” Nguyen, 533 U. S., at 70.

Rather, under the intermediate scrutiny test that the

Court applies in a variety of contexts, the “validity of the

regulation depends on the relation it bears to the overall

problem the government seeks to correct, not on the extent

to which it furthers the government’s interests in an

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individual case.” Ward v. Rock Against Racism, 491 U. S.

781, 801 (1989). So we “judge the validity of the restriction

in this case by the relation it bears to the general problem

. . . not by the extent to which it furthers the Government’s

interest in an individual case.” United States v. Edge

Broadcasting Co., 509 U. S. 418, 430–431 (1993).

Here, when analyzing the relationship between the

classification based on biological sex and the asserted

interests, the sports context is again crucial. Sports are

different from, say, a typical employment or educational

opportunity where equal protection often may require that

the government generally treat an individual without

regard to the individual’s sex. In the sports context, by

contrast, everyone agrees that the States may maintain

separate women’s and men’s teams—in other words, that

the States may make distinctions based on sex—because of

the inherent physical differences between women and men.

And importantly, everyone also agrees that States, in

preserving separate sports teams for female athletes, need

not account for the individual physical capabilities of (and

differences among) every biological male who might want to

play on a women’s or girls’ team. To spell that out: Not

every biological male athlete is bigger, stronger, faster, or

otherwise more athletically able than every biological

female athlete. Some percentage of biological males who

identify as male possess physical and athletic capabilities

that fall within (or below) the range of typical female

physical and athletic capabilities. But the plaintiffs

acknowledge that States may still exclude those biological

males from women’s and girls’ sports, given the general

physical differences between males and females.4

4 That concession reveals that the plaintiffs’ argument is based not on

physical capabilities alone but also on gender identity. Suppose, for example, that two boys want to play on a girls’ team. One boy identifies as male, and the other identifies as female. And suppose that both have 20 WEST VIRGINIA v. B. P. J.

Opinion of the Court

And the Equal Protection Clause does not prohibit the

States from applying that same principle to all biological

males, including those who identify as female. In the

distinctive sports context, in other words, the States may

treat all biological males the same and treat all biological

females the same, given the inherent physical differences

between biological males and biological females.

In short, States are not required to conduct an individualby-individual comparison of the physical and athletic

capabilities of all biological males in order to satisfy

intermediate scrutiny. Intermediate scrutiny permits a

sex-based classification that, as here, is “not invidious, but rather realistically reflects the fact that the sexes are not

similarly situated in certain circumstances.” Michael M.,

450 U. S., at 469 (plurality opinion).

Second, and relatedly, the plaintiffs advance what they

describe as an as-applied equal protection argument. The

plaintiffs say that the States’ sex-based classification is

generally permissible—but not as applied to those

biological males such as B. P. J. and Hecox who identify as

female and have taken puberty blockers or hormones.

But that argument is basically the same as the plaintiffs’

first argument about the relationship between the laws’

classification and the States’ interests—just with different

labeling. The plaintiffs’ as-applied argument posits that

the States’ interests must justify the laws’ application to a

the same size, height, strength, speed, jumping ability, and the like. The plaintiffs say that schools must allow the biological male who identifies as female to play on a girls’ team. But schools may exclude from the girls’ team the biological male who identifies as male, even if he has the same physical capabilities. So the plaintiffs’ position is based not only on physical capabilities but also in part on gender identity. In a cryptic footnote, the dissent articulates the same view as the plaintiffs on that point. Post, at 23, n. 9 (SOTOMAYOR, J., concurring in judgment in part and dissenting in part). But the Constitution does not require that schools determine eligibility for women’s and girls’ sports based on gender identity rather than biological sex.

Cite as: 609 U. S. ____ (2026) 21

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specific subclass or individual. To be sure, the plaintiffs’ asapplied nomenclature and focus on subclasses is a useful

construct in equal protection cases to help analyze the

relationship between a State’s classification and the State’s

asserted interests. Specifically, if a State’s interests do not apply to an especially large subclass within the class

specified by the State’s law, then that fact may demonstrate

that the relationship between the State’s classification and

the State’s interests is not close enough. But as long as the

relationship is sufficient as a general matter, the State is

not constitutionally required to grant individualized

exemptions to specific athletes or subclasses.5

The plaintiffs’ as-applied argument is in essence a

backdoor argument for strict scrutiny, which requires a

much tighter relationship between the State’s classification

and the State’s asserted interests. But strict scrutiny does

not apply to sex-based classifications, as the plaintiffs

acknowledge. And strict scrutiny would be particularly out

of place in this sports case, where sex-based classifications

are permitted and the only question is whether the States

may limit women’s and girls’ sports to biological females.

Especially in the sports context, moreover, an enormous

practical and administrability problem would arise if courts

5 For support of their as-applied argument, the plaintiffs cite Caban v.

Mohammed, 441 U. S. 380 (1979), and Lehr v. Robertson, 463 U. S. 248 (1983). But Caban nowhere stated that a plaintiff may obtain an asapplied exception to a law’s classification under intermediate scrutiny review. Rather, Caban looked to the facts of the case at hand to illustrate the overbroad classification. 441 U. S., at 391. And Lehr in turn rejected an asserted as-applied exception. 463 U. S., at 267–268. It is true that Lehr somewhat confusingly characterized Caban as accepting something akin to an as-applied argument. Id., at 267. But that characterization was incorrect, in our view, and in any event, Lehr’s holding did not turn on its characterization of Caban. Also, the Court’s more recent decision in Nguyen clarified that as-applied challenges are not entertained when courts apply intermediate scrutiny or rational basis review. See Tuan Anh Nguyen v. INS, 533 U. S. 53, 70 (2001).

22 WEST VIRGINIA v. B. P. J.

Opinion of the Court

suddenly had to make such individualized exemptions.

How would courts draw those lines? Individuals come in all

shapes and sizes, with different height, weight, muscle

mass, heart capacity, lung capacity, strength, speed,

endurance, jumping ability, and so on. Particularly in the

sports context, determining the effects of the puberty

blockers and hormones taken by transgender athletes—and

then comparing each of those transgender athletes’ abilities

to those of other individual biological males and individual

biological females in the relevant sport—would be an

almost impossible task for a judge to perform on an

equitable basis. The legislatures and the schools are better

equipped—and under the Constitution, are the more

appropriate entities—to assess the competing medical and

scientific considerations and draw appropriate lines. Of

course, no line that the States draw will satisfy everyone.

But the Judiciary is not the proper institution to make what

would often be arbitrary and highly intrusive athlete-byathlete assessments.

And if those kinds of ad hoc exemptions based on physical

capacity were constitutionally required, would exemptions

also be required for biological males who still identify as

male but contend that they, too, are no taller, no stronger,

no faster than the typical females in their chosen sport?

Would those males also be entitled to play on a women’s or

girls’ team? If not, why not?

We need not belabor the point. In the sports context,

starting down the road of judicially managed individualized

exemptions based on physical capabilities of individual

athletes could fundamentally undermine women’s and

girls’ sports—especially if the number of biological males

who seek to play women’s and girls’ sports increases

significantly over time. The questions would be endless

(and bitter) and yield few, if any, principled answers. The

Equal Protection Clause and this Court’s precedents do not

require such a judicial quagmire.

Cite as: 609 U. S. ____ (2026) 23

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Third, the plaintiffs also argue that the States’ laws

unconstitutionally discriminate against transgender

individuals—specifically, biological males who identify as

female.

That argument, too, is unavailing. To begin, under this

Court’s decision in Skrmetti, the laws do not classify based

on gender identity or transgender status. 605 U. S., at 517.

The laws classify on the basis of biological sex. By contrast, if a school had a co-ed sports team but prohibited all

transgender individuals from participating on the team,

that would be a distinct transgender classification and,

unlike today’s cases, would presumably not be analyzed and

justified as a classification based on biological sex.

That said, even if the laws made a transgender or genderidentity classification, this Court “has not previously held”

that intermediate or other heightened scrutiny applies to a

transgender or gender-identity classification. Ibid. Several

Members of this Court, moreover, have concluded that

classifications based on transgender status or gender

identity should receive only deferential rational basis

review and not intermediate or other heightened scrutiny.

See id., at 550–553 (BARRETT, J., joined by THOMAS, J.,

concurring); id., at 566 (ALITO, J., concurring in part and

concurring in judgment).

In these cases, we need not definitively resolve whether

rational basis review or intermediate scrutiny applies to

transgender classifications. In either event, the

classification here readily satisfies rational basis review or intermediate scrutiny for the reasons already explained at

some length above. The States’ interests in ensuring safety

and competitive fairness amply justify the States in

maintaining women’s and girls’ sports for biological

females. Under the Equal Protection Clause, therefore,

schools may determine eligibility for women’s and girls’

sports based on biological sex.

24 WEST VIRGINIA v. B. P. J.

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C

Finally, the underlying medical and scientific premise of

the plaintiffs’ entire equal protection argument is that at

least some biological males who identify as female and take

puberty blockers or hormones do not retain physical

advantages over biological females.

Even if true, that empirical claim would not alter the

equal protection conclusion set forth above. Under

intermediate scrutiny, there still would be a sufficient

relationship between the States’ classification based on

biological sex and the States’ asserted interests in safety

and competitive fairness.

In any event, the plaintiffs’ premise is the subject of

ongoing medical and scientific debate and is not settled in

their direction at this time. States and leading athletic

organizations disagree with the plaintiffs and have

concluded that biological males still retain a physical

advantage after taking puberty blockers and hormones. To

take one prominent example, the IOC found that “athletes

retain Male performance advantage due in part to training

effects and fixed traits. There is no current evidence that

testosterone suppression or gender-affirming hormone

treatment eliminates this advantage.” IOC, Policy on the

Protection of the Female (Women’s) Category in Olympic

Sport and Guiding Considerations for International

Federations and Sports Governing Bodies (Mar. 26, 2026).

The plaintiffs counter with arguments and studies of

their own. But in assessing state and federal laws passed

under circumstances of “medical and scientific

uncertainty,” this Court has often said that the Judiciary

must be cautious about swooping in and invalidating laws.

Skrmetti, 605 U. S., at 524 (quotation marks omitted). The

legislatures, we have emphasized, maintain “wide

discretion to pass legislation” in those circumstances. Ibid.

(quotation marks omitted). For good reason. Especially on

medical and scientific matters where there is serious debate

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and disagreement, it can be difficult for courts to

meaningfully evaluate the considered policy judgments of

the lawmakers who have scrutinized the medical evidence

and scientific data before them, and have made a reasoned

decision. See ibid.; cf. Turner Broadcasting System, Inc. v.

FCC, 520 U. S. 180, 195–196 (1997). When there are “open

questions regarding basic factual issues before medical

authorities and other regulatory bodies,” there is “little

basis for judicial responses in absolute terms.” Skrmetti,

605 U. S., at 525 (quotation marks omitted). The “calculus

of effects, the manner in which a particular law

reverberates in a society, is a legislative and not a judicial responsibility.” Ibid. (quotation marks omitted).

To be sure, judicial deference does not mean abdication.

But the current public medical and scientific record does

not definitively establish that the 27 States, the IOC, the

USOPC, and the NCAA are wrong in acting on the basis

that at least some biological males who have taken puberty

blockers or hormones still retain physical advantages over

females.

In those circumstances, to reiterate, the legislative

“institution is far better equipped than the judiciary to

amass and evaluate the vast amounts of data,” particularly

in cases involving a topic of “inherent complexity.” Turner

Broadcasting, 520 U. S., at 195–196 (quotation marks

omitted). Indeed, “it is precisely where such disagreement

exists that legislatures have been afforded the widest

latitude in drafting such statutes.” Kansas v. Hendricks,

521 U. S. 346, 360, n. 3 (1997). Stated simply, “courts

should be cautious not to rewrite legislation” “in areas

fraught with medical and scientific uncertainties.”

Marshall v. United States, 414 U. S. 417, 427 (1974). So it

is here.

In closing on the equal protection issue, we repeat what

the Court said in Skrmetti:

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“This case carries with it the weight of fierce scientific

and policy debates . . . in an evolving field. The voices

in these debates raise sincere concerns; the

implications for all are profound. The Equal Protection

Clause does not resolve these disagreements. Nor does

it afford us license to decide them as we see best. Our

role is not to judge the wisdom, fairness, or logic of the

law before us, but only to ensure that it does not violate

the equal protection guarantee of the Fourteenth

Amendment. Having concluded that it does not, we

leave questions regarding its policy to the people, their

elected representatives, and the democratic process.”

605 U. S., at 525 (quotation marks and citation

omitted).

IV

Two points in response to the dissent:

First, the dissent directs various rhetoric against the

Court’s opinion—employing phrases such as “contorted

logic” and “misguided approach” and “diminished view of

equal protection” and “unencumbered by fact or law.” Post,

at 2, 23, 29 (SOTOMAYOR, J., concurring in judgment in part

and dissenting in part).

With respect, that rhetoric is misdirected. The Court’s

holding today is straightforward. The Equal Protection

Clause allows schools to maintain separate teams for

female and male athletes. Schools may determine

eligibility for women’s and girls’ teams based on biological

sex. That policy is constitutionally justified by the vitally

important interests in safety and competitive fairness so as

to provide equal opportunities for women and girls to

participate in sports. And when a sex-based classification

is justified as a constitutional matter, as it is here, States need not make case-by-case exceptions—for example,

schools need not make individual exceptions to allow

Cite as: 609 U. S. ____ (2026) 27

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certain biological males to compete in women’s and girls’

sports.

Second, we do not accept the dissent’s assumed monopoly

on understanding the effects on individuals involved in

disputes over transgender athletes. We are acutely aware

of the difficulties sometimes faced by boys who identify as

girls (and by girls who identify as boys) in middle school,

high school, and beyond. And we greatly admire the desire

of all students, including transgender students such as

B. P. J., who want to participate in sports. But in

conducting the equal protection inquiry, we must also

account for the effects on girls who are forced to compete

against biological males in sports.

* * *

Some might ask: What is the harm in allowing an

additional athlete to compete in women’s or girls’ sports?

That sentiment, though understandable, misunderstands

the nature and reality of sports.

Sports are highly competitive and generally zero sum. At

almost every turn, someone wins and someone loses. Every

athlete who makes a team takes a roster spot from another

athlete. Every player who earns playing time reduces the

playing time of a teammate. Every player who makes the

starting lineup sidelines another who remains on the

bench. Every competitor who wins a race or competition

deprives another athlete of that victory, or medal, or prize.

Every team that wins because of an added player means

that another team has lost because of that added player.

Every player who makes all-conference beats out another

player who does not. Every student who earns an athletic

scholarship takes that opportunity away from another

student. And so on.

Women and girls who play sports care deeply about all of

those things. They obsess about them. They spend

extraordinary time and effort to train in the heat and in the

28 WEST VIRGINIA v. B. P. J.

Opinion of the Court

cold, to work out early in the morning and late at night, to

get a little faster, to become a little stronger, to jump a little higher, to shoot a little better, to watch a little more video, to make the lonely journey back from an ACL tear, to scrap

for playing time, to start, to win the game, to win a

championship, to hang a banner, to bring home a medal, to

be all-tournament, all-county, all-State, or all-American.

They put a championship trophy or all-league award on

their bedroom shelf—and it stays there forever as a

reminder of their love of the game and pride in their

achievements. They learn to endure losses with grace, to

lift up their teammates, and to respect opponents who have

beaten them fairly and squarely. They learn to win with

class—to look a defeated opponent in the eye, shake her

hand, and congratulate her on her effort. Whether the star

of the team or the last player on the bench, they form

lifelong friendships and lifetime memories. They savor

their athletic accomplishments and cherish them for years,

even decades, after their playing days are over.

The two States here—along with 25 other States, the

IOC, the USOPC, and the NCAA—have concluded at this

time that women and girls should be allowed to compete for

those life-changing opportunities on an equal playing field,

without fear of physical injury from biological males or

being forced to compete against biological males.

Consistent with Title IX and the Equal Protection Clause,

we hold that the States may maintain women’s and girls’

sports for biological females. They may determine

eligibility for women’s and girls’ sports based on biological

sex. The Constitution and Title IX do not require an

overhaul of women’s and girls’ sports throughout America.

In so ruling, we emphasize one last point. Most of the

biological female and transgender student-athletes who are

involved in transgender sports disputes around the country

are teenagers or in their early twenties. Those studentathletes want to play sports. Their desire to compete

Cite as: 609 U. S. ____ (2026) 29

Opinion of the Court

warrants respect. No student-athlete on either side of the

issue, whether a biological female or transgender, deserves

to be ostracized or vilified.

In B. P. J.’s case, we reverse the judgment of the U. S.

Court of Appeals for the Fourth Circuit and remand the

case for further proceedings consistent with this opinion. In

Hecox’s case, we reverse the judgment of the U. S. Court of

Appeals for the Ninth Circuit and remand the case for

further proceedings consistent with this opinion.

It is so ordered.

Cite as: 609 U. S. ____ (2026) 1

THOMAS, J., concurring

SUPREME COURT OF THE UNITED STATES

Nos. 24–43 and 24–38

WEST VIRGINIA, ET AL., PETITIONERS

24–43 v.

B. P. J., BY HER NEXT FRIEND AND MOTHER, HEATHER

JACKSON

ON WRIT OF CERTIORARI TO THE UNITED STATES COURT OF

APPEALS FOR THE FOURTH CIRCUIT

BRADLEY LITTLE, GOVERNOR OF IDAHO, ET AL.,

PETITIONERS

24–38 v.

LINDSAY HECOX, ET AL.

ON WRIT OF CERTIORARI TO THE UNITED STATES COURT OF

APPEALS FOR THE NINTH CIRCUIT

[June 30, 2026]

JUSTICE THOMAS, concurring.

The Court correctly holds that neither Title IX nor the

Equal Protection Clause prohibits States from offering sexseparated athletics. A man does not have a legal right to

compete against women just because he believes that he is

a woman. I join the Court’s opinion in full. I write separately to make two points.

First, transgender status is not a suspect class requiring

heightened equal-protection scrutiny. United States v.

Skrmetti, 605 U. S. 495, 547–557 (2025) (BARRETT, J., concurring). The class of people who claim transgender status

could more accurately be described as people who are experiencing “gender dysphoria,” which is not a “discrete group.”

Id., at 550–551 (internal quotation marks omitted); see also

id., at 566–567 (ALITO, J., concurring and concurring in

2 WEST VIRGINIA v. B. P. J.

THOMAS, J., concurring

judgment). Because “gender dysphoria” is a mutable mental state that is the object of psychiatric treatment, it does not resemble the immutable characteristics on the basis of

which our precedents have applied heightened scrutiny—

race, sex, or national origin. Instead, gender dysphoria resembles other characteristics on the basis of which legislatures may classify with a merely rational basis. See, e.g.,

Heller v. Doe, 509 U. S. 312, 321 (1993) (mental illness);

Plyler v. Doe, 457 U. S. 202, 220 (1982) (immigration status). Legislatures have many obvious rational bases to

keep men who believe that they are women out of teams

and private spaces reserved for women.

Second, as the Court recognizes, this case concerns “biological men” and “boys who identify as girls.” Ante, at 10,

27. Men and boys with gender dysphoria are not women or

girls, even if they believe that they are. Sex is an immutable “biological” characteristic, see ante, at 10; it is binary; and “man” and “woman,” “boy” and “girl,” are the terms that

correspond to adults and children of each sex. See A. Byrne,

Are Women Adult Human Females? 177 Philosophical

Studies 3783, 3786–3787 (2020). To use language to obscure reality—to show “indifference regarding the truth”—

is to lie to the public and cease to treat our fellow citizens “as equal[s].” J. Pieper, Abuse of Language—Abuse of

Power 17, 21 (1992).

Cite as: 609 U. S. ____ (2026) 1

GORSUCH, J., concurring

SUPREME COURT OF THE UNITED STATES

Nos. 24–43 and 24–38

WEST VIRGINIA, ET AL., PETITIONERS

24–43 v.

B. P. J., BY HER NEXT FRIEND AND MOTHER, HEATHER

JACKSON

ON WRIT OF CERTIORARI TO THE UNITED STATES COURT OF

APPEALS FOR THE FOURTH CIRCUIT

BRADLEY LITTLE, GOVERNOR OF IDAHO, ET AL.,

PETITIONERS

24–38 v.

LINDSAY HECOX, ET AL.

ON WRIT OF CERTIORARI TO THE UNITED STATES COURT OF

APPEALS FOR THE NINTH CIRCUIT

[June 30, 2026]

JUSTICE GORSUCH, concurring.

I join the Court’s opinion and write to add two observations about Title IX.

First, “Title IX was enacted as an exercise of Congress’

powers under the Spending Clause.” Jackson v. Birmingham Bd. of Ed., 544 U. S. 167, 181 (2005). That provision

of the Constitution does not allow Congress to regulate conduct; instead, it only authorizes Congress to spend money.

Medina v. Planned Parenthood South Atlantic, 606 U. S.

357, 370–371 (2025). Of course, Congress may seek to condition the funds it gives to others. Id., at 365. But much as

with any contract, a funding recipient must “ ‘voluntarily

and knowingly’ ” assent to those conditions for them to bear

any legal force. Id., at 373 (quoting Pennhurst State School

and Hospital v. Halderman, 451 U. S. 1, 17 (1981)). And

2 WEST VIRGINIA v. B. P. J.

GORSUCH, J., concurring

for a funding recipient to provide that kind of assent, Congress must “clearly and unambiguously” specify the conditions it expects the funding recipient to follow. Medina, 606

U. S., at 373, n. 4; see also Pennhurst, 451 U. S., at 17, 25.

Nothing in Title IX clearly and unambiguously alerts

funding recipients that they are prohibited from restricting

a school-sponsored sports team to biological women or girls.

Just consider the statute’s terms and the evidence before us

about their original meaning. Adopted in 1972, Title IX

generally prohibits discrimination “on the basis of sex.” 20

U. S. C. §1681. As it is now, the term “sex” was commonly

understood then to mean biological sex. See, e.g., Webster’s

New World Dictionary 1305 (2d ed. 1972). And while Title

IX generally prohibits discrimination on the basis of biological sex, Congress has taken pains to emphasize that “nothing” in its mandate “sh[ould] be construed” as forbidding

separate-sex living facilities in school settings, signaling

that sex separation doesn’t always amount to discrimination under the statute. §1686. Shortly after the law’s adoption, too, Congress directed the Department of Health, Education, and Welfare to publish implementing regulations

addressing athletics. Pub. L. 93–380, §844, 88 Stat. 612

(1974). And the agency responded with regulations expressly permitting schools to “sponsor separate teams for

members of each sex.” 45 CFR §86.41(b) (1975), as recodified, 34 CFR §106.41(b) (2025); see also Loper Bright Enterprises v. Raimondo, 603 U. S. 369, 430 (2024) (GORSUCH, J.,

concurring) (contemporaneously issued and longstanding

regulations do not control but can supply evidence of statutory meaning). Putting all these pieces together, and consistent with the Court’s conclusion today, Title IX does not

clearly and unambiguously alert funding recipients that

they are prohibited from sponsoring sports teams restricted

to biological women or girls.

Second, Bostock v. Clayton County, 590 U. S. 644 (2020),

supports, not undermines, the Court’s conclusion. There,

Cite as: 609 U. S. ____ (2026) 3

GORSUCH, J., concurring

we faced the question whether firing an employee for being

homosexual or transgender amounted to “discriminat[ion]

. . . because of . . . sex” in violation of Title VII. Id., at 650– 651, 655 (internal quotation marks omitted). In answering

that question, we took two things as given. One, everyone

agreed that firing an employee counts as “discrimination”

in violation of Title VII if done because of sex. See id., at

681. Two, we read the word “sex” in Title VII to refer to

biological sex. Id., at 655. Given all that, the only issue we had to resolve was whether discriminating against individuals for being homosexual or transgender qualifies as discrimination “because of ” their biological sex. We held that

it does. The statutory phrase “because of ” does not require

biological sex to be the only cause animating discrimination. Instead, that phrase merely requires biological sex to

be one such cause. Id., at 656–659. And, as we detailed in

our opinion, discriminating against a person for being homosexual or transgender necessarily entails discriminating

against that person at least in part because of his biological sex. Id., at 660.*

All of that is consistent with the course the Court takes

today. Title IX prohibits various types of discrimination “on

the basis of sex.” §1681(a). The Court understands the

term “sex” in Title IX to mean biological sex, just as we understood that term in Title VII in Bostock. See ante, at 10.

Likewise, the Court does not question that “on the basis of ”

is perhaps but a synonym for “because of ” and thus does

not require biological sex to be the sole cause of

*Contra JUSTICE JACKSON, post, at 3, this Court’s sex-stereotyping cases proceed similarly. So, for example, when an employer fires a female employee for failing to conform to a sex stereotype, the employer does so both because of the employee’s biological sex and because she is perceived to act in ways that defy some stereotype the employer holds about her biological sex. And given that the employee’s biological sex constitutes one reason for her firing, the employer’s conduct implicates Title VII. See Bostock, 590 U. S., at 659–660, 662; see also Price Waterhouse v. Hopkins, 490 U. S. 228, 250–251 (1989) (plurality opinion). 4 WEST VIRGINIA v. B. P. J.

GORSUCH, J., concurring

discrimination, just as we held in Bostock. See Franklin v.

Gwinnett County Public Schools, 503 U. S. 60, 75 (1992).

The difference between this case and Bostock is that we

face here a question that wasn’t present there. In Bostock,

again, no one doubted that firing someone because of his

biological sex qualified as “discrimination” under Title VII.

See 590 U. S., at 681. Here, though, we face the question

whether it qualifies as discrimination under Title IX for a

federal funding recipient to sponsor sports teams restricted

to biological women or girls alone. And for the reasons just

laid out above and explored in depth by the Court, it does

not. Title IX anticipates and approves single-sex living accommodations and sports teams in school settings; it does

not treat them as unlawful discrimination. See supra, at 2;

ante, at 8–12.

Put simply, it is a mistake to assume that, just because

firing someone in part because of his biological sex amounts

to unlawful discrimination in violation of Title VII, sponsoring a single-sex sports team limited to biological women or

girls must also amount to unlawful discrimination in violation of Title IX. It’s a point Bostock took care to underscore. As we put it, while “[f]iring employees because of a statutorily protected trait surely counts” as unlawful discrimination under Title VII, the question “[w]hether other policies

and practices might or might not qualify as unlawful discrimination” under Title VII itself or other provisions of law cannot be simply assumed but must be assessed with reference to the policies in question and according to the relevant law’s terms. 590 U. S., at 681; see also ibid. (stressing that policies concerning “sex-segregated bathrooms, locker

rooms, and dress codes”—and, one might add, school-sponsored sports teams—were not before us).

I appreciate that questions surrounding the participation

of transgender athletes in women’s and girls’ sports are

subjects of intense debate nationwide. The questions surrounding Bostock were too. But as there, our charge here

Cite as: 609 U. S. ____ (2026) 5

GORSUCH, J., concurring

is not to resolve those debates, only to apply faithfully directives found in a federal statute. And, as in Bostock, I

believe the Court does that job today, reaching the result

the law demands.

Cite as: 609 U. S. ____ (2026) 1

Opinion of SOTOMAYOR, J.

SUPREME COURT OF THE UNITED STATES

Nos. 24–43 and 24–38

WEST VIRGINIA, ET AL., PETITIONERS

24–43 v.

B. P. J., BY HER NEXT FRIEND AND MOTHER, HEATHER

JACKSON

ON WRIT OF CERTIORARI TO THE UNITED STATES COURT OF

APPEALS FOR THE FOURTH CIRCUIT

BRADLEY LITTLE, GOVERNOR OF IDAHO, ET AL.,

PETITIONERS

24–38 v.

LINDSAY HECOX, ET AL.

ON WRIT OF CERTIORARI TO THE UNITED STATES COURT OF

APPEALS FOR THE NINTH CIRCUIT

[June 30, 2026]

JUSTICE SOTOMAYOR, with whom JUSTICE KAGAN and

JUSTICE JACKSON join, concurring in the judgment in part

and dissenting in part.

Respondent B. P. J. is a transgender girl who wants to

live her life consistent with her gender identity. When

B. P. J. was 11 years old, she sought the opportunity to do

what she and so many other children love to do: play sports.

In order to do so, B. P. J. needed to turn to litigation because West Virginia has banned all transgender girls from

playing in girls’ sports from middle school through college.

According to the State, this ban serves the State’s important interests in ensuring safety and preventing unfair

competitive advantages in girls’ sports. B. P. J., however,

contends that neither of the State’s asserted justifications

apply to transgender girls like her, who have never

2 WEST VIRGINIA v. B. P. J.

Opinion of SOTOMAYOR, J.

experienced an endogenous male puberty, who receive gender-affirming treatment, and who, as a result of both,

B. P. J. says, lack any athletic advantage that is inherent

to their sex identified at birth.

In the five years since the ban has been in place, B. P. J.

is the only transgender girl publicly identified in the State

who has sought to play sports with other girls. Today the

Court holds that neither Title IX nor the Equal Protection

Clause protects B. P. J.’s ability to do so. I agree that

B. P. J.’s Title IX claim fails, although on a narrower basis

than that on which the majority relies. As for B. P. J.’s

equal protection claim, however, the majority, at this stage

of the litigation, gets the answer wrong.

Applying a form of heightened scrutiny divorced from this

Court’s cases, the majority holds that transgender girls like

B. P. J. who wish to play girls’ sports are not protected by

the Constitution, even if B. P. J. is correct that neither of

the State’s interests is furthered by their exclusion. Yet the Equal Protection Clause demands much more when a State

deploys a sex classification to achieve legislative aims. Perhaps West Virginia could meet those demands. Perhaps

not. In either event, because unresolved factual questions

prevent the Court from assessing the merits of B. P. J.’s

equal protection claim at this time, the Court should allow

the District Court to address those factual questions in the

first instance. Yet in an opinion unencumbered by fact or

law, the majority today cuts off that process prematurely,

deciding instead that B. P. J.’s case must end now.

This litigation implicates deeply sensitive, contentious,

and evolving issues. These circumstances demand exercising judicial restraint, not rushing to answer conclusively

difficult questions without sufficient evidentiary development. In opting otherwise, the majority extends great sympathy to those it favors: the young cisgender girls and

women who play sports. I share that sympathy. Playing

sports can lead to benefits that are immeasurable, and

Cite as: 609 U. S. ____ (2026) 3

Opinion of SOTOMAYOR, J.

many are understandably invested in ensuring that competition stays fair and safe. Because the majority, however,

inflicts a hardship on those it disfavors without giving them

the fair and full opportunity the Constitution requires to

litigate their contentions, I respectfully dissent.

I

Before addressing the complex legal issues that this case

presents, it is important to understand its history and the

people involved, both of which the majority unduly brushes

over.1

A

In 2021, West Virginia banned all transgender girls and

women from participating in school sports designated for

female students. Dubbed the “Save Women’s Sports Act,”

W. Va. Code Ann. §18–2–25d (Lexis 2022), the law’s “sole

purpose,” and “its sole effect,” is “to prevent transgender

girls from playing on girl[s’] teams.” B. P. J. v. West Virginia State Bd. of Ed., 98 F. 4th 542, 550 (CA4 2024). At

the time the law was passed, as the District Court found,

there was no record of any transgender person participating

in school sports in the State, let alone any “‘problem’ with

transgender students playing school sports and creating

unfair competition or unsafe conditions.” B. P. J. v. West

Virginia State Bd. of Ed., 649 F. Supp. 3d 220, 227 (SD W.

Va. 2023). West Virginia has since relied on its interests in

fair competition and safety to justify the ban.

This ban replaced a policy of case-by-case assessment

that had been in place since 2016. Back then, sports were

also sex-separated, as they had been for decades, but

transgender students could participate on teams matching

their gender identity if their schools “determined that ‘fair

competition’ would not be impacted by the student[s’]

1 Because respondent Lindsay Hecox’s case is moot, see, n. 13, infra,

this dissent focuses on B. P. J.’s case.

4 WEST VIRGINIA v. B. P. J.

Opinion of SOTOMAYOR, J.

participation.” 98 F. 4th, at 551. An opposing school could

contest a student’s participation by appealing the determination to the West Virginia Secondary Schools Athletic

Commission’s board of directors. The board would then assess whether allowing the student to play “ ‘would adversely

affect competitive equity or [the] safety of teammates or opposing players,’ ” considering the student’s “ ‘age,’ ” “ ‘athletic experience,’ ” “ ‘strength, size, and speed,’ ” as well as “ ‘the nature of the sport’ ” and “ ‘the degree to which fair competition among high school teams would be impacted.’ ” Ibid.

(some alterations omitted).

The ban eliminated this individualized approach in favor

of categorical exclusion. Now, every competitive, intramural, and club sport offered at the middle-school through college level must be “expressly designated as” either male, female, or coed, as determined by “biological sex.” §18–2–

25d(c)(1); see also §18–2–25d(b)(1) (defining “ ‘biological

sex’ ” as an “individual’s physical form as a male or female

based solely on the individual’s reproductive biology and genetics at birth”). Teams “designated” for “females” “shall

not be open to students of the male sex where selection for

such teams is based upon competitive skill or the activity

involved is a contact sport.” §18–2–25d(c)(2). Teams “designated” for “males” do not have the same restriction.

B

B. P. J. is a teenager who lives in West Virginia. Her

mother describes her as “a bright and kind child who cares

deeply about her family and friends and excels in school.”

10 App. 4406. B. P. J. is like many other teenagers: She is

“very passionate about math and science”; her favorite videogames include Minecraft and Overwatch; and she enjoys

jumping on the trampoline, running, playing with her dogs,

and seeing her friends. 2 id., at 579.

B. P. J. is also transgender. Her sex was identified as

male at birth, but she has known from the time that she

Cite as: 609 U. S. ____ (2026) 5

Opinion of SOTOMAYOR, J.

was “very little” that she is a girl. Ibid. B. P. J. found support in her family after expressing how she felt and eventually began going by a different name and living consistently

with her female identity at home. A little while later, she

carried those changes over to all aspects of her life, including school, and school administrators and teachers worked

with B. P. J. and her family to aid her social transition.

Then, when B. P. J. was around nine years old, she was

diagnosed with gender dysphoria. This clinical diagnosis

means that B. P. J. experiences significant and consistent

distress from the fact that her sex identified at birth does

not match her gender identity. Brief for American Psychological Association et al. as Amici Curiae 8–9 (APA Brief ).

If left untreated, it “can cause debilitating distress, depression, impairment of function,” self-harm, and suicidality.

See id., at 10–12; 3 App. 1249. A year after her diagnosis,

B. P. J. began receiving puberty-delaying treatment to prevent the onset of an endogenous male puberty. Two years

after that, she began taking a form of estrogen to facilitate

a typical female hormonal puberty.

When West Virginia enacted the ban, B. P. J. was nearing the end of fifth grade and preparing to enter middle

school. B. P. J. was especially looking forward to joining the girls’ track team and running cross country, like many family members had before her. The middle school principal

informed B. P. J.’s mother, however, that B. P. J. could not

participate on either team because of the ban. This was

true even though everyone who eventually tried out for the

girls’ cross-country team made it, 1 id., at 456–457; 2 id., at 730, meaning that there were no “cuts,” and so this was not

a “zero sum” situation, contra, ante, at 16.

A month after the ban went into effect, B. P. J. (through

her mother) brought this lawsuit, arguing that the ban violates the Equal Protection Clause and Title IX. B. P. J. pursued litigation not because she could no longer “compete

successfully” on male teams due to her hormonal therapy.

6 WEST VIRGINIA v. B. P. J.

Opinion of SOTOMAYOR, J.

Cf. ante, at 13. She did so because it would be inconsistent

with her gender identity to play sports with boys. In fact,

doing the latter would be quite harmful to her: Among other

things, as her mother explains, it would “further isolate,

stigmatize, and erase her.” 10 App. 4408; see also APA

Brief 15–24 (noting the negative consequences that can follow).

The District Court granted a preliminary injunction barring the State from enforcing the ban against B. P. J., concluding that B. P. J. had shown that the ban was likely “unconstitutional as it applie[d] to her and that it violate[d]

Title IX.” 1 App. 439. The State did not appeal. B. P. J.

thus began participating on her school’s girls’ track and

cross-country teams.

B. P. J.’s mother reports that B. P. J. “has had the time of

her life participating on these teams.” 10 id., at 4406. She

has watched B. P. J. make close friends and gain a sense of

belonging. Her mother recalls taking B. P. J. to practice after hours and on weekends, and often witnessing B. P. J.

practicing her form in the backyard “by herself, for hours.”

Id., at 4407. Above all, her mother explains that B. P. J. “is the happiest I have ever seen her when she is accepted for

who she is and able to participate in school sports.” Id., at

4408. In B. P. J.’s words, “[s]ports are an important part of

[her] experience at school,” she is “so happy to . . . have the chance to participate,” she has “made so many new friends,”

and she “just want[s] to have the opportunity to [play]

school sports like any other girl.” 2 id., at 581.

Meanwhile, B. P. J.’s case proceeded to discovery. Because of the medical treatment that B. P. J. has received,

she has never experienced a traditional male puberty and

so has never experienced elevated levels of circulating testosterone. B. P. J. contends that, as a result, she does not

have an inherent athletic advantage due to her sex identified at birth and, accordingly, that her participation in girls’ sports does not threaten competitive fairness or safety,

Cite as: 609 U. S. ____ (2026) 7

Opinion of SOTOMAYOR, J.

which are the two grounds the State has relied on to justify

excluding transgender girls like B. P. J. from girls’ teams.

Both sides submitted expert testimony disputing this factual question.2 After discovery closed, B. P. J. and the State each moved for summary judgment and to exclude the other

side’s expert.

The District Court granted the State’s motion for summary judgment on B. P. J.’s equal protection and Title IX

claims without resolving the factual dispute over whether

B. P. J.’s participation in girls’ sports would compromise

the State’s interests in competitive fairness or safety. See

649 F. Supp. 3d, at 231 (noting, but not resolving, this “debate”). Instead, the District Court concluded that the law

satisfies heightened scrutiny because it is “substantially related” to the State’s interests generally, regardless of

2 B. P. J.’s expert is a Fellow of the American College of Physicians and

an endocrinologist at Mount Sinai. He submitted a report explaining that, “based on current research,” circulating testosterone, not “[a] person’s genetic makeup and internal and external reproductive anatomy,” is “the primary known biological cause of average differences in athletic performance” between cisgender men and cisgender women.” 4 App. 1550. He further explained that individuals who received the kind of treatment B. P. J. has received are “somewhat similarly situated to women with XY chromosomes who have complete androgen insensitivity syndrome,” ibid., meaning they have “inactive testosterone receptors” and thus do not “respond to testosterone,” id., at 1541. “[I]t has longbeen recognized,” the expert continued, “that women with [that condition] have no athletic advantage.” Id., at 1550.

The State’s expert is a Professor of Exercise Science at the University of Nebraska at Kearney and received a Ph.D. in Health and Human Performance. He submitted a report explaining that inherent “advantages” in athletic performance due to an individual’s sex identified at birth have been “shown in children before puberty” and that they are “magnified during puberty . . . in large part by the higher testosterone concentrations in men, and adolescent boys, after the onset of male puberty.” 6 id., at 2124. He further explained that the administration of hormone therapy “after the onset of male puberty does not eliminate the performance advantage that men and adolescent boys have over women or adolescent girls.” Id., at 2123.

8 WEST VIRGINIA v. B. P. J.

Opinion of SOTOMAYOR, J.

whether the State’s interests are furthered with respect to

B. P. J. specifically or to transgender girls situated similarly to her. Ibid. It then dissolved the injunction allowing

B. P. J. to play sports.

B. P. J. moved in the Fourth Circuit for an injunction

pending appeal, which the Circuit granted. This Court denied the State’s request to vacate that order. See 598 U. S.

___ (2023). The next year, the Fourth Circuit reversed the

District Court on B. P. J.’s Title IX claim and directed it to enter summary judgment in favor of B. P. J. on remand. As

to B. P. J.’s equal protection claim, the Circuit concluded

that the outstanding factual dispute precluded its resolution at this stage. It thus vacated the District Court’s entry of summary judgment for West Virginia and remanded for

further factfinding. 98 F. 4th, at 561–562.

II

West Virginia’s decision to separate sports teams based

on an individual’s sex identified at birth is a clear sex classification subject to heightened scrutiny. West Virginia justifies the classification by citing two interests: ensuring

(1) competitive athletic opportunities and (2) safety in participation for women and girls in sports. As the majority

stresses and no one disputes, when it comes to sex identified

at birth, males generally have an inherent athletic advantage over females in playing sports. B. P. J., however,

contends that this generalization does not hold true for a

discrete, easily identifiable group: transgender girls who

have never experienced an endogenous male puberty, who

receive gender-affirming treatment, and who are, she says,

thus similarly situated to cisgender girls. For that group,

she argues, neither of West Virginia’s interests is furthered

by excluding them from girls’ and women’s sports.

The Court should have affirmed the Fourth Circuit’s decision to remand for further factfinding. In not taking this

modest step, the majority badly errs in two ways. First, the

Cite as: 609 U. S. ____ (2026) 9

Opinion of SOTOMAYOR, J.

majority concludes that B. P. J.’s claim fails regardless of

the unresolved factual dispute over whether transgender

girls are similarly situated to cisgender girls for the reasons B. P. J. gives. That is wrong. As the Court’s precedents

recognize, factual disputes like this one relate to the fit of the classification and whether it survives heightened scrutiny. Second, the majority suggests that, even if relevant,

the factual dispute implicates scientific uncertainty and

that West Virginia’s decision is thus entitled to conclusive

deference. Here, too, the majority missteps, invoking cases

applying rational-basis review, citing extra-record evidence, and ignoring critical context merely because it is inconvenient.

None of this is to suggest what the eventual outcome of

this litigation would have been, or even should have been,

had the majority allowed the courts below to make the missing factual determinations and had those courts correctly

applied heightened scrutiny with the benefit of those facts.

West Virginia may well have satisfied its burden and seen

its ban upheld. The point, rather, is that this Court’s equal

protection precedents require a very different approach to

B. P. J.’s claim than the one the majority follows today.

A

1

The Fourteenth Amendment provides that “[n]o State

shall . . . deny to any person within its jurisdiction the equal protection of the laws.” Sitting “ ‘[a]t the heart of ’ ” this “ ‘guarantee of equal protection’ ” is a “ ‘simple command’ ”: “ ‘[T]he Government must treat citizens as individuals, not

as simply components of a racial, religious, sexual or national class.’ ” Miller v. Johnson, 515 U. S. 900, 911 (1995)

(some internal quotation marks omitted). The Clause thus

bars state action that denies individuals “full citizenship

stature,” or “equal opportunity to aspire, achieve, participate in and contribute to society based on their individual

10 WEST VIRGINIA v. B. P. J.

Opinion of SOTOMAYOR, J.

talents and capacities,” because of a class to which they

happen to belong. United States v. Virginia, 518 U. S. 515,

532 (1996).

As all agree, the ban at issue classifies based on sex.

West Virginia seeks to separate sports teams based solely

on an individual’s sex identified at birth. As a result, cisgender girls, whose sex identified at birth is female, can

play on girls’ teams whereas transgender girls, whose sex

identified at birth is male, cannot. The difference, undoubtedly, is sex.3

The key question here is whether that sex separation is

constitutionally justified. Sex classifications like this one

cannot be deployed unless they survive “heightened scrutiny.” J. E. B. v. Alabama ex rel. T. B., 511 U. S. 127, 136

(1994) (explaining that this level of scrutiny is “warrant[ed]” due to “ ‘our [Nation’s] long and unfortunate history of sex discrimination’ ”). To survive this inquiry, the

State must provide an “ ‘exceedingly persuasive justification’ ” for letting the sex classification stand. Virginia, 518 U. S., at 546. This means that the State must show “‘at

3 The ban may also be subject to heightened scrutiny under Personnel

Administrator of Mass. v. Feeney, 442 U. S. 256 (1979). To start, transgender status, as I argued in United States v. Skrmetti, 605 U. S. 495 (2025), is a quasi-suspect classification. Id., at 600–603 (dissenting opinion). “Transgender people have long been subject to discrimination in healthcare, employment, and housing, and to rampant harassment and physical violence.” Id., at 601; see also id., at 601–602 (collecting examples). They also “have a defining characteristic (incongruence between sex and gender identity) that plainly ‘bears no relation to [the individual’s] ability to perform or contribute to society.’ ” Id., at 602. This quasi-suspect class is no less a “ ‘discrete subgroup’ ” than others this Court has recognized. Contra, ante, at 1 (THOMAS, J., concurring); see Skrmetti, 605 U. S., at 602 (dissenting opinion). From here, the ban may have been enacted “at least in part ‘because of,’ not merely ‘in spite of,’ its adverse effects upon” transgender girls and women. Feeney, 442 U. S., at 279. Because B. P. J.’s equal protection claim survives summary judgment based on the sex classification alone, however, there is no need to reach these issues.

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least that the [challenged] classification serves important

governmental objectives and that the discriminatory means

employed are substantially related to the achievement of

those objectives.’ ” Id., at 535 (alteration in original; some internal quotation marks omitted). At its core, this inquiry

works to distinguish laws based on “overbroad generalizations about the different talents, capacities, or preferences

of males and females” from laws based on legitimate state

interests, which reflect genuine, “ ‘inherent differences’ ” between “men and women” that make them differently situated. Ibid.

2

Before this Court, West Virginia argues that its sex classification substantially furthers its important interests in

ensuring competitive fairness and safety in girls’ and

women’s sports. As the State conceded below, however, it

has no interest “in protecting one girl’s ranking in any competition or ‘in ensuring that cisgender girls do not lose ever to transgender girls.’” 98 F. 4th, at 560. Rather, the focus

is on when the participation of transgender girls is actually

unfair or unsafe for others. Ibid. Understood in that way,

B. P. J. does not dispute the importance of either interest

here.4

4 The majority, for its part, adds a third interest: “provid[ing] opportunities for biological women and girls to compete only against other biological women and girls.” Ante, at 16. That misrepresents West Virginia’s stated legislative interest. Its law seeks “to promote equal athletic opportunities for the female sex,” defined as “biological females.” W. Va. Code Ann. §§18–2–25d(a)(5), (b)(2). Promoting such equal opportunity certainly encompasses ensuring competitive fairness and safety, as West Virginia has argued throughout this litigation. See Brief for Petitioners in No. 24–43, pp. 17, 39, 44; Reply Brief for Petitioners in No. 24–43, pp. 13, 22; see also 98 F. 4th, at 559 (noting that, in the Fourth Circuit, the State had “disclaim[ed] reliance on any other potential interests” besides “participant safety and competitive fairness”). Whether competition “only against other biological women and girls,” ante, at 16, 12 WEST VIRGINIA v. B. P. J.

Opinion of SOTOMAYOR, J.

As the majority further identifies, no one disputes that

sorting based on sex identified at birth, as a means to

achieve West Virginia’s asserted interests, will further

those interests in most situations. See ante, at 17. That is

because, as the majority explains and B. P. J. does not contest, there are inherent physical differences between males

and females, as defined by sex identified at birth, making

them differently situated generally when it comes to many

sports. Ibid.; see Virginia, 518 U. S., at 533.

Even so, B. P. J. contends that the means deployed by

West Virginia here, a total ban on participation, lack the

right fit. She argues that the chosen classification bars a

discrete subclass from participating in girls’ and women’s

sports even though the State’s interests will not be furthered by their exclusion. According to B. P. J.,

transgender girls and women who both receive gender-affirming treatment and have never experienced endogenous

male puberty neither possess any inherent athletic advantage nor pose any safety risks because of their sex identified at birth. As B. P. J. tells it, this distinct subclass is thus similarly situated to cisgender girls and women and

yet is still being excluded. It is this overbreadth, she argues, that leads to the equal protection violation.

Under this Court’s precedents, this asserted factual difference, which has not been conclusively litigated below,

matters to the equal protection analysis.

a

This Court has held that a sex classification violates

equal protection when there is an incongruity between the

is substantially related to promoting equal opportunity, however, is the very question posed by this case, not a separate legislative interest West Virginia has sought to pursue. In applying heightened scrutiny, moreover, it is a reviewing Court’s duty to “determine whether the [State’s] proffered justification” behind a sex classification “is ‘exceedingly persuasive,’ ” United States v. Virginia, 518 U. S. 515, 533 (1996), not to drum up circular justifications on the State’s behalf.

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sex classification in general and its application to a discrete subclass. For instance, in Caban v. Mohammed, 441 U. S.

380 (1979), this Court reviewed a New York law that gave

an unwed mother, but not an unwed father, complete veto

authority over the adoption of her child by requiring her

consent. Id., at 385–387. The State justified that different

treatment by invoking the notion that “‘a natural mother,

absent special circumstances, bears a closer relationship

with her child . . . than a father does.’ ” Id., at 388. The

State also said that it was easier to locate unwed mothers

than unwed fathers, as the former were “more likely to remain with their children.” Id., at 392.

The plaintiff Caban, though, did not fit the justification

underlying the State’s classification: He was an unwed father who had “a relationship with his children fully comparable to that of the mother,” so the application of the classification to him did not further the State’s interests. Id., at 389. Confronted with this difference, the Court held that

“[i]n those cases where the father never has come forward

to participate in the rearing of his child, nothing in the

Equal Protection Clause preclude[d] the State from withholding from him the privilege of vetoing the adoption of

that child.” Id., at 392. When, however, “the father has

established a substantial relationship” with the child, the

State had failed to show that the use of sex bore “a substantial relationship to” the State’s justifications. Id., at 393. As a result, the Court held, the law as applied to fathers

like Caban was the kind of “ ‘overbroad generalizatio[n]’ in

gender-based classifications” that the Equal Protection

Clause forbids. Id., at 394.

A few years later, the Court addressed an equal protection challenge against the same New York law, this time by

Lehr, an unwed father who had “never established any custodial, personal, or financial relationship” with his daughter. Lehr v. Robertson, 463 U. S. 248, 267 (1983). This time

the claim failed: Because Lehr was “not like the [father]

14 WEST VIRGINIA v. B. P. J.

Opinion of SOTOMAYOR, J.

involved in Caban,” the Court said, “the Equal Protection

Clause d[id] not prevent a State” from treating Lehr’s

“class” of unwed fathers differently. Id., at 267–268.

Taken together, the Court in Caban and Lehr dealt with

the sex classification’s overbreadth by allowing the State to

use the classification when doing so actually furthered its

interests (Lehr), but not when it did not (Caban). Similarly

here, B. P. J. contends that even if the use of the sex classification substantially furthers the State’s interests when it

prevents cisgender boys from playing on girls’ teams, it does

not substantially further the State’s interests when it prevents transgender girls who have never experienced an endogenous puberty and who receive gender-affirming treatment from doing the same. As in Caban and Lehr, it

matters if she is right.

The Court has closely scrutinized differences like this in

others cases too. In United States v. Virginia, 518 U. S. 515, for example, the Court addressed the lawfulness of the Virginia Military Institute’s (VMI’s) male-only admissions policy. The Court held that Virginia could not “constitutionally deny to women who have the will and capacit[y] the . . .

opportunities that VMI uniquely affords,” even if “most

women” did not have that “will and capacity.” Id., at 542.

Virginia had justified the exclusion of all women by citing

its “goal of producing citizen-soldiers” and its “implementing methodology” (a harsh and rigorous “ ‘adversative

method’ ” of instruction). Id., at 520. Prohibiting women

from the school on these bases, however, rested on a “[g]eneralizatio[n] about ‘the way women are’ ” and was at best an

“estimat[e] of what is appropriate for most women.” Id., at

550. Under this Court’s cases, the Court held, such classifications could “no longer justify denying opportunity to

women whose talent and capacity place them outside the

average description.” Ibid. That was because neither of the

Commonwealth’s interests were “ ‘inherently unsuitable to

women,’ ” and at least a subclass of women could “ ‘do well

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Opinion of SOTOMAYOR, J.

under [the] adversative model,’ ” “ ‘would want to attend

[VMI] if they had the opportunity,’ ” were “ ‘capable of all of the individual activities required by VMI cadets,’ ” and

could “ ‘meet the physical standards” VMI “impose[d] on

men.’ ” Ibid. In other words, even though the sex classification at issue did further Virginia’s interest in general and in most cases, it did not further those interests at all for a subclass of women. It was “on behalf of th[ose] women,”

even if they were a small minority of all women, for which

the Court held that a “remedy must be crafted.” Ibid.

Here again, B. P. J. is making a similar claim. Even

though, she says, West Virginia’s classification may substantially further the State’s interests in most applications, as was the case for most of the women who did not want to

and could not attend VMI, the State’s interests are not substantially furthered as applied to her subclass, as was the

case for “some women” who did want to and could attend

VMI. The Court’s holding in Virginia thus shows that unresolved factual differences matter, even if the classes of

people to whom they might be relevant are themselves

small.

b

Whether the fit between the means and the State’s interest is “ ‘exceedingly persuasive,’ ” id., at 533, also depends on the nature of the burdens imposed. The Court’s decision

in Tuan Anh Nguyen v. INS, 533 U. S. 53 (2001), provides

a helpful illustration. That case concerned a statute that

classified based on sex: It allowed citizen mothers, but not

citizen fathers, married to noncitizens to transmit U. S. citizenship at birth to their children born abroad. Id., at 56–

57. This Court upheld the differential treatment, concluding that it furthered the interest of ensuring a substantial

“parent-child relationship” with a U. S. citizen before bestowing citizenship, given that mothers, by virtue of giving

birth, had the potential for such a relationship and indeed

16 WEST VIRGINIA v. B. P. J.

Opinion of SOTOMAYOR, J.

likely had one. Id., at 68–69. For citizen fathers, by contrast, the knowledge of parenthood was not guaranteed “at

the moment of birth.” Id., at 68.

Some citizen fathers, of course, had knowledge of

parenthood from the moment of their child’s birth. In this

way, the classification did not fit them. Congress had accounted for those situations, however, by allowing fathers

to take one of three “simple” procedural steps to secure citizenship for their children. Id., at 71; see id., at 63 (listing those steps as “legitimation, paternity oath, and court order

of paternity”). As the Court explained, it was “mindful” of

“the obligation” that the classification “impose[d]” on “a citizen father,” but it recognized that the burden was “minimal” and that “Congress ha[d] not erected inordinate and

unnecessary hurdles” for a father to gain the same benefit

for his children as a mother to whom he was similarly situated. Id., at 70–71. It was in that context that the Court

upheld the sex classification, even though Congress’s “ultimate objective” was not achieved in every application of it.

Id., at 70.

In stark contrast, Caban, Virginia, and other cases like

them show that classifications can violate the Equal Protection Clause if they take the “extrem[e]” approach “of complete exclusion” even if allowing exceptions for “significant

categories” (i.e., subclasses) within a given classification

would not “jeopardiz[e]” the State’s interests. Cf. Trimble

v. Gordon, 430 U. S. 762, 771 (1977). In Nguyen, the law

allowed for such exceptions and so passed muster. In Trimble, to the contrary, the Court found an equal protection violation as to a law restricting inheritances by “illegitimate

children” from their fathers’ estates because the State “unnecessarily” refused to grant exceptions for “categories” of

such children as to whom “inheritance rights” could be recognized without undermining the State’s interests. 430

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U. S., at 771.5 What is more, in Sessions v. Morales-Santana, 582 U. S. 47 (2017), the Court distinguished Nguyen,

at least in part, when the burden imposed by the process for

seeking an exception “cannot fairly be described as ‘minimal.’ ” 582 U. S., at 66, see also id., at 62–72 (holding unconstitutional requirements that unwed citizen fathers be

physically present in the United States for up to 10 years

before they could bestow citizenship to their children born

abroad while imposing only a 1-year requirement on unwed

citizen mothers).

All these cases help explain what it means for the “fit between the means and the important end [to be] ‘exceedingly

persuasive,’ ” Nguyen, 533 U. S., at 70, and they demonstrate that the existence of readily identifiable, discrete

subclasses that do not fit a classification’s generalization

can factor into that analysis. If a State includes a discrete

subclass in an overbroad classification when exempting

them would not unnecessarily jeopardize the government

interest the State wishes to further, that can show that the

State’s choice to use the classification is not actually in service of those interests, but rests on discriminatory generalizations instead.6

5 Trimble concerned a classification based on “illegitimacy,” which this

Court has since clarified is also subject to heightened scrutiny. See Clark v. Jeter, 486 U. S. 456, 461 (1988).

6 To be clear, this analysis has never been about whether an interest is

furthered as to an individual person based on their unique personal circumstances. Rather, it has always focused on readily identifiable, discrete subclasses. West Virginia warns that such a theory of equal protection would lead to litigants defining classifications smaller and smaller to the point that the State will be left granting exception after exception in search of a perfect fit. Brief for Petitioners in No. 24–43, at 43–44. Not so. States can justify schemes that lack exceptions for some or all by demonstrating that they did not deny those exceptions “unnecessarily.” E.g., Trimble, 430 U. S., at 771. That could be so when, as explained, an exception would “jeopardiz[e]” a State’s interest, ibid., or when “more accurate and impartial lines [cannot] be drawn,” Morales18 WEST VIRGINIA v. B. P. J.

Opinion of SOTOMAYOR, J.

Here, B. P. J. argues that the State’s sex classification

fails heightened scrutiny not only because it does not fit her subclass, but also because it operates as a categorical exclusion, much like the classifications in Caban, Virginia, and

Trimble. Here, unlike in Nguyen, there are no procedures

for her to follow to prove that she is similarly situated to

cisgender girls and thus able to participate on the girls’

team. Because this Court’s equal protection analysis of sex

classifications has generally considered whether the classification fits discrete subclasses and the extent to which subclasses are burdened, it matters if B. P. J. is right about the purported problems she identifies. At this stage, the Court

therefore needs additional facts to assess whether B. P. J.

is in fact correct, and whether, as a result, the State has

“unnecessarily” refused her an exception.7

Santana, 582 U. S., at 63, n. 13. In addition, while a State generally cannot rely on “mere” “administrative convenience” to justify the use of a sex classification, Wengler v. Druggists Mut. Ins. Co., 446 U. S. 142, 152 (1980), the Court has recognized that “[i]t may be that there are levels of administrative [in]convenience,” ibid., that could perhaps support a showing that the State has not denied an exception “unnecessarily and overbroadly,” Morales-Santana, 582 U. S., at 63, n. 13. Whether any of these justifications hold true here depends on factual findings that have not been made and, because of the Court’s decision today, never will be.

7 In contesting whether these facts matter in the equal protection analysis, the parties at points discuss whether a challenge like B. P. J.’s should be characterized as “ ‘as applied’ ” or “ ‘facial.’ ” As B. P. J. argues, in most cases, such as here, this debate is largely one of “semantics.” Brief for Respondent in No. 24–43, p. 46. It is true that some equal protection challenges, if successful, may mean that a given classification is impermissible in all applications and therefore resemble what this Court has called a “facial” challenge. That may be so, for instance, when the legislature has not identified an important or legitimate governmental interest. See, e.g., Romer v. Evans, 517 U. S. 620 (1996). In other challenges, though, the equal protection problem is not with the classification as such, but rather with its overbreadth or the way the classification’s lines have been drawn. As a result, the classification may constitutionally be applied to some individuals, see, e.g., Lehr v. Robertson, 463 U. S.

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3

The majority offers several reasons for concluding that

the alleged inaccuracy that B. P. J. identifies does not matter at all and that further factual development is therefore

unnecessary. To the majority, the fit here is simply good

enough. In so concluding, the Court elevates the reasoning

of earlier dissents and lowers the State’s burden for justifying the use of sex classifications in potentially all cases. Cf. Cisco Systems, Inc. v. Doe, 609 U. S. ___, ___ (2026)

(SOTOMAYOR, J., dissenting) (slip op., at 23) (“ ‘When proponents of [previously rejected] arguments, greater now in

number on the Court, return to fight old battles anew, it

betrays an unrestrained disregard for precedent’ ”).

a

The majority’s analysis starts, and largely ends, with a

single premise. As the majority tells it, because the important governmental interests behind laws subject to

heightened scrutiny need to be furthered only in most (and

not all) applications of a given classification, the fact that B. P. J. has identified some applications in which the

State’s interests may not be furthered does not and cannot

give rise to an equal protection violation. See ante, at 18–

22.8 The majority acts as if the Court is having this debate

248, 267 (1983), but not others, see, e.g., Caban v. Mohammed, 441 U. S 380, 393 (1979). In those circumstances, where narrowing the classification itself could arguably remedy the equal protection problem, the challenge looks more “as applied.” However labeled, the purpose and effect of all such challenges is to identify overbroad generalizations and to eliminate them to the extent of the constitutional violation. That is all B. P. J. seeks to do here.

8 For support, the majority relies on Massachusetts Bd. of Retirement

v. Murgia, 427 U. S. 307 (1976) (per curiam), which it quotes for the idea that “ ‘[p]erfection in making the necessary classifications is neither possible nor necessary.’ ” Ante, at 18. This quote comes from Murgia’s application of the “relatively relaxed” “rational-basis standard.” 427 U. S., 20 WEST VIRGINIA v. B. P. J.

Opinion of SOTOMAYOR, J.

for the first time or that B. P. J. is asking for something new here. It is not, and she is not.

To begin, the Court in neither Caban nor Virginia imposed this limitation. In fact, similar arguments were

raised by the dissents in each.

Today, for example, the majority states that a plaintiff

must identify “an especially large subclass” in which the

State’s asserted interest is not furthered before a court can

find a classification’s fit lacking or grant relief of any kind. Ante, at 21. You would not know it from reading the majority’s opinion, but Justice Stevens made the same argument

dissenting in Caban. He observed that the Court had

wrongly found an equal protection violation because the

State’s “justification [was] not as strong for some indeterminately small part of the disadvantaged class as it [was]

for the class as a whole” and so was invalid “as it applie[d]

to that subclass.” 441 U. S., at 409. That was wrong, Justice Stevens said, because Caban had not “demonstrate[d]

that its unjust applications are sufficiently numerous and

serious to render it invalid.” Id., at 410. To Justice Stevens, given that Caban had shown that the classification’s unfairness “extend[ed] only to himself and by implication to [an]

unknown number of fathers just like him,” Caban had not

at 314. The majority also invokes Skrmetti, 605 U. S. 495, for a similar purpose, but that case also applied rational-basis review. Id., at 522. From here, the majority abandons the Court’s equal protection precedents entirely, instead citing First Amendment cases applying distinct forms of intermediate scrutiny to regulations of commercial speech and time, place, and manner speech restrictions. See United States v. Edge Broadcasting Co., 509 U. S. 418, 429–430 (1993) (requiring only a “reasonable” fit); see also Ward v. Rock Against Racism, 491 U. S. 781, 801 (1989). In any event, even under these more relaxed standards, a speech restriction cannot “burden substantially more speech than necessary to further the government’s” interests. Edge, 509 U. S., at 430. As analogized to this context, the State seemingly would fail that standard if it unnecessarily declines an exception for a readily identifiable subclass, when doing so does nothing to further its interests.

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provided “sufficient reason” for “invalidating the entire

rule” or for “concluding that the application of a valid rule” violated “equal protection principles.” Id., at 410–412. The

Court rejected this argument then. Today, the majority reprises it without even providing attribution to Justice Stevens (or anyone at all). See ante, at 19–22.

The solo dissent in Virginia raised similar objections to

the Court’s application of heightened scrutiny. In Justice

Scalia’s view, the majority in Virginia necessarily concluded that “VMI’s single-sex composition [was] unconstitutional because there exist[ed] several women (or, one

would have to conclude under the Court’s reasoning, a single woman) willing and able to undertake VMI’s program.”

518 U. S., at 573. The dissent added, as the majority repeats here, that “[t]here is simply no support in our cases

for the notion that a sex-based classification is invalid unless it relates to characteristics that hold true in every instance.” Id., at 574; see ante, at 18–19 (pressing this exact

argument). Once again, where these arguments failed before, today they succeed.

Nor is the majority’s analysis today persuasive on its own

terms. Although it is true that sex classifications can be

upheld even when they are not accurate in all applications,

as was the case in Nguyen, that bare statement does not

speak of what to do when confronted with differences within

a class of people who are subject to a sex-based classification. Contra, ante, at 21, n. 5. It does not answer whether

the State has “unnecessarily” denied exceptions for readily

identifiable “categories” in which the classification did not

fit. Trimble, 430 U. S., at 771. It does not answer whether

any exceptions exist and if so, what the burdens associated

with them are like. All told, it is inconsistent with intermediate scrutiny to dismiss out of hand the existence of classification errors that may show the State has in fact rested

on exactly the kind of overbroad generalizations based on

sex the Equal Protection Clause is supposed to root out.

22 WEST VIRGINIA v. B. P. J.

Opinion of SOTOMAYOR, J.

The majority wrongly dismisses the alleged overbreadth

in this case because, in its view, the subclass at issue is not large enough to matter. “[T]he avoidance of gratuitous sexbased distinctions,” however, “is the hallmark of equal protection.” Nguyen, 533 U. S., at 82 (O’Connor, J., dissenting). Unjustified sex-based discrimination inflicts “injury

. . . to personal dignity” regardless of the number of individuals affected. J. E. B., 511 U. S., at 153 (Kennedy, J., concurring in judgment). Allowing the State to classify groups

of people based on a protected characteristic even though

its interests are not substantially furthered by doing so is

plainly inconsistent with the constitutional “ ‘command that

the Government must treat citizens as individuals, not as

simply components of a racial, religious, sexual or national

class.’ ” Miller, 515 U. S., at 911 (some internal quotation

marks omitted). This Court has thus never required a

plaintiff to demonstrate that a subclass is of some significant size before holding that the use of a sex classification

violates principles of equal protection. Contra, ante, at 20–

21. Indeed, “virtually every” sex classification that this

Court struck down in the last quarter of the 20th century

was “overwhelmingly, though not perfectly, accurate.” M.

Case, “The Very Stereotype the Law Condemns”: Constitutional Sex Discrimination Law as a Quest for Perfect Proxies, 85 Cornell L. Rev. 1447, 1450 (2000).

It is especially problematic to change course here. Recall

that for nearly five years before the State enacted this ban,

it had allowed transgender girls to participate in girls’

sports in certain circumstances. See supra, at 3–4. Before

that, sex-separated sports teams had existed for decades.

The ban’s entire purpose, and its entire effect, therefore was to eliminate the possibility of allowing any exception based

on the legislature’s fears, thus far not conclusively litigated, that transgender student-athletes categorically posed dangers to competitive fairness and safety in all girls’ and

women’s sports. To the legislature, this move was

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necessary, as the Act’s title suggests, to “Save Women’s

Sports.” 98 F. 4th, at 550; see also Brief for Petitioners in

No. 24–23, pp. 2–3 (expressing a similar sentiment).

B. P. J. sued, contending that the State’s decision, which

will use her sex identified at birth to deny her an opportunity, was based on a faulty premise and that transgender

girls who have never experienced an endogenous male puberty and who receive gender-affirming treatment do not

pose any threat to competitive fairness or safety. Yet the

majority says that even if B. P. J. could prove West Virginia

wrong, the Equal Protection Clause would have nothing to

say about it.

The majority’s position is thus fundamentally inconsistent. It credits the West Virginia Legislature’s concern

that a class consisting of transgender girls like B. P. J. is

large enough to pose an existential threat to girls’ sports,

but at the same time holds that this class is too small to be

protected by the Equal Protection Clause. In other words,

this potentially overbroad generalization is both necessary

to furthering substantially the State’s interests in girls’

sports and effectively irrelevant to assessing the classification’s lawfulness. The Court’s equal protection precedents

neither require nor support this contorted logic.9

9 The majority asks whether exemptions would be required for cisgender men who, because of their physical characteristics, do not pose either safety concerns or threaten competitive fairness in girls’ and women’s sports. See ante, at 22. The Equal Protection Clause does not require such exemptions, at least on the State’s two stated interests here. That is because the State’s interest in “fairness” is geared toward eliminating the athletic advantage inherent to sex identified at birth, not toward eliminating all athletic advantages in general. A cisgender boy’s equal protection claim thus would fail because even if he is, for example, shorter than the average girl, he still possesses the same athletic advantage that is inherent to his sex identified at birth as any other cisgender boy. The majority misunderstands this distinction by confusing general “physical capabilities,” like size and strength, with biological, athletic advantages that stem from sex identified at birth. Ante, at 19– 20, n. 4.

24 WEST VIRGINIA v. B. P. J.

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b

Next, the majority contends that B. P. J.’s claim collapses

intermediate scrutiny and strict scrutiny. Ante, at 21. It

does not.

First, and most obviously, strict scrutiny calls for a “ ‘compelling government interes[t],’ ” Students for Fair Admissions, Inc. v. President and Fellows of Harvard College, 600

U. S. 181, 207 (2023), not an “ ‘important’ ” one, Virginia,

518 U. S., at 533. Many laws subject to strict scrutiny fail

on this ground alone. See, e.g., Louisiana v. Callais, 608

U. S. ___, ___ (2026) (slip op., at 35); Loving v. Virginia, 388 U. S. 1, 11 (1967); Vitolo v. Guzman, 999 F. 3d 353, 360

(CA6 2021); Rothe Development Corp. v. Department of Defense, 545 F. 3d 1023, 1049 (CA Fed. 2008); see also Students for Fair Admissions, 600 U. S., at 207 (recounting the

short list of interests that have satisfied this showing).

Second, under strict scrutiny, States can use a classification such as race only if it proves that the “use of race is

‘narrowly tailored’—meaning ‘necessary’—to achieving that

interest.” Id., at 207. The Court has interpreted that mandate to mean that if a State can achieve the same interest

through other means, even if using race would allow it to

achieve that interest in some (or even most) circumstances

more effectively or with less expense, the State still cannot

use race at all. See, e.g., Fisher v. University of Tex. at Austin, 570 U. S. 297, 312 (2013).

Intermediate scrutiny, by contrast, allows States to use a

classification when it furthers its interests in most applications, even if not all applications. The State can then put

the onus on the individual to come forward, as B. P. J. must

here, and prove that she does not fit the generalization behind the classification and is in fact similarly situated to

the class of people she is being treated differently from, so

long as the burdens are not themselves too demanding, see

Morales-Santana, 582 U. S., at 66. The State, moreover,

can also prove that it did not deny a given exception

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Opinion of SOTOMAYOR, J.

“unnecessarily” because allowing an exception would jeopardize the very interests the State is attempting to further

or come at too high of an administrative cost. See n. 6, supra. These are attributes of intermediate scrutiny alone.

B

Stepping back from contending that the factual dispute

does not matter at all, the majority suggests that even if it

were relevant, B. P. J. could not prevail. That is because,

the majority says, there is an ongoing scientific debate over

whether transgender girls who have not experienced an endogenous male puberty and who receive gender-affirming

treatment possess an athletic advantage inherent to cisgender men. In the majority’s view, the Court should be

“cautious about swooping in and invalidating laws” that implicate such uncertainty and should instead defer to the legislature’s “considered policy judgments.” Ante, at 24–25. Of

course, even when applying heightened scrutiny, courts

should give deference to what legislatures and experts have

to say when dealing with scientific issues. Even so, the deference afforded is not conclusive. Nor does the mere existence of scientific debate end the matter.

In proceeding differently, the majority again cites the

wrong standard, primarily relying on cases that applied rational-basis review, not heightened scrutiny. See, e.g., ante, at 24–26 (quoting United States v. Skrmetti, 605 U. S. 495,

525 (2025); Marshall v. United States, 414 U. S. 417, 427

(1974)). Indeed, the majority recites arguments on this

score that are identical to the ones it embraced in Skrmetti,

when it applied rational-basis review to uphold the law at

issue there. Compare ante, at 24–26, with 605 U. S., at 524

(outlining the level of caution and deference courts must

26 WEST VIRGINIA v. B. P. J.

Opinion of SOTOMAYOR, J.

exercise when wading into areas of “ ‘medical and scientific’ ” uncertainty in that context).10

The two tests are not the same. Courts will uphold legislation subject to rational-basis review so long as there is

“any reasonably conceivable state of facts that could provide

a rational basis for the classification.” FCC v. Beach Communications, Inc., 508 U. S. 307, 313 (1993). Heightened

scrutiny, by contrast, requires courts to “closely scrutinize

legislative choices” to ensure that the use of the classification satisfies the required means-ends fit. Cleburne v.

Cleburne Living Center, Inc., 473 U. S. 432, 441 (1985); see

also Skrmetti, 605 U. S., at 552–553 (BARRETT, J., concurring) (drawing this distinction); id., at 528–529 (THOMAS,

J., concurring) (same). In Virginia, for instance, the Commonwealth had cited a “substantial body of contemporary

scholarship and research,” 518 U. S., at 576 (Scalia, J., dissenting), to support its assertions that it need not allow

women to attend because women thrive in a “ ‘cooperative

atmosphere,’ ” and not in the “atmosphere of adversativeness” that men “ ‘tend to need,’ ” id., at 541 (majority opinion). The Court did not thoughtlessly defer to Virginia’s

judgments about that research. Rather, it held that when

presented with “generalizations or ‘tendencies’ of the kind

pressed by Virginia,” “reviewing courts” must “take a ‘hard

look’ ” to ensure that they do not perpetuate “ overbroad

‘generalizations’ ” and “ ‘fixed notions concerning the roles

and abilities of males and females.’ ” Id., at 541–546.

10 The majority here also invokes Turner Broadcasting System, Inc. v.

FCC, 520 U. S. 180 (1997). See ante, at 25. In Turner, the Court, in applying a distinct form of intermediate scrutiny in the First Amendment context, described how to assess the constitutionality of laws that involved legislative “predictive judgments.” 520 U. S., at 195–196. Even assuming that standard is relevant in this context, courts would still need to evaluate whether the legislature has “ ‘drawn reasonable inferences based on substantial evidence.’ ” Id., at 195. This is an analysis the District Court should have conducted for all the reasons explained in the text.

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The majority’s analysis looks nothing like the judicial

check necessary under heightened scrutiny. For example,

the majority says that the science “is not settled in

[B. P. J.’s] direction at this time.” Ante, at 24. For support, it cites a study published after oral argument in this case.

Ibid. It should go without saying that that study is not in

the record before the Court.11 From here, the majority

points to how various athletic organizations, like the National Collegiate Athletic Association and the United States

Olympic & Paralympic Committee, have adopted policies

consistent with West Virginia’s ban. Ante, at 25. Yet the

majority ignores that those two organizations did so after

the President issued Executive Order No. 14201, which

threatened to take away federal funding from any educational program that allowed transgender girls and women

to participate on girls’ and women’s sports teams, as

11 Earlier in its opinion, the majority recounts a legislative finding for

Idaho’s ban, which, it says, “found” that “the benefit ‘that natural testosterone provides’ ” remains after transgender girls take “ ‘puberty blockers and cross-sex hormones.’ ” See ante, at 7 (citing Idaho Code Ann. §33– 6202(11) (2025)). That legislative finding cited a study “in support of this proposition” that “was later altered after peer review, and the conclusions the legislature [had] relied upon were removed.” 479 F. Supp. 3d 930, 981, and n. 37 (Idaho 2020) (case below). Indeed, that study “did not involve transgender athletes at all.” Id., at 981. The majority also recounts other Idaho legislative findings, see ante, at 7, some of which cited conclusions from a different study to support the idea that transgender girls retain an advantage over cisgender girls, see §§33– 6202(5), (10). That study’s author later asked the Governor of Idaho to veto the law, explaining that the legislative findings had misrepresented her work. See 479 F. Supp. 3d, at 981. These are exactly the kinds of record-intensive issues that trial courts can and should consider in the first instance when applying heightened scrutiny; they also illustrate the risks posed by giving a legislature what is effectively conclusive deference when evaluating constitutional claims against the backdrop of scientific uncertainty.

28 WEST VIRGINIA v. B. P. J.

Opinion of SOTOMAYOR, J.

defined by sex identified at birth. 90 Fed. Reg. 9279

(2025).12 Whether these changes to their prior policies were

driven by politics, science, or both is not something that the Court can resolve in the current posture of this case.

To be clear, B. P. J. ultimately may not be able to show

that the science is sufficiently on her side; this dissent takes no position one way or another on B. P. J.’s odds of success.

In other words, West Virginia might be right that

transgender girls retain some inherent athletic advantage

over cisgender girls due to their sex identified at birth even after receiving the hormonal therapy B. P. J. identifies. All

agree, moreover, that States do have some room to legislate

around issues when there exists significant, and genuine,

scientific debate. At this point, however, neither the District Court nor the Fourth Circuit has passed upon any of

the available evidence or made the necessary factual findings about the state of the scientific debate. Given the lack

of factual development, it is the majority that should heed

its own word and be “cautious about swooping in,” ante, at

24, rather than resolving this kind of factual dispute in the

first instance and in this slapdash manner. A restrained

approach, based on all relevant facts, is particularly necessary when the Court is faced with a consequential decision

of constitutional dimension.

12 See NCAA Announces Transgender Student-Athlete Participation

Change (Feb. 6, 2025), https://www.ncaa.org/news/2025/2/6/media-center-ncaa-announces-transgender-student-athlete-participation-policychange.aspx (archived at https://perma.cc/G9BF-HQ4R?type=image) (explaining that the Board of Governors voted to change its policy “following the Trump administration’s executive order”); S. Starcevic, Politico, U. S. Olympic Committee Bans Transgender Athletes After Trump Order

(July 22, 2025), https://www.politico.com/news/2025/07/22/u-s-olympiccommittee-transgender-00468845 (archived at https://perma.cc/QP2VR9A7) (similar).

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Opinion of SOTOMAYOR, J.

* * *

In sum, an outstanding factual dispute should have prevented the Court’s resolution of B. P. J.’s claim. Far from

being wholly irrelevant, that factual dispute is potentially

outcome determinative. In concluding otherwise, the majority adopts the position that the Equal Protection Clause

allows state actors to deploy sex classifications that impose

significant burdens on subclasses within them, even when

the State’s interests are not furthered by their inclusion

and even when those interests would not be jeopardized by

exempting them. Attempting to minimize this outcome, as

well as the sharp break between the Court’s opinion today

and its prior cases, the majority ends by contending that its

“holding” is “straightforward.” Ante, at 26. Its holding may

be straightforward, but that is not the point. The problem

is how the majority gets there: by moving the goalposts set

by precedent and by resolving this important, divisive issue

without knowing all the facts even though the validity of

the means-ends fit depends on them.

The majority applies its diminished view of equal protection to the sports context today, relying on the parties’ concessions that the State’s asserted interests will be furthered in most applications, given the particularly close relationship between sex, sports, and those interests. One can only

hope that the same misguided approach does not and will

not extend to other contexts tomorrow, when any of these

considerations are missing.13

13 As the majority recognizes, respondent Lindsay Hecox also asserted

an equal protection challenge, hers against a like ban enacted by Idaho. It errs by resolving rather than dismissing her case as moot. Hecox is a transgender college student nearing graduation. See Tr. of Oral Arg. in No. 24–38, pp. 118–119. The majority decides her equal protection challenge even though Hecox has sworn that she has stopped playing, and will never again play, any sport covered by the ban; even though Hecox agrees that the decision below in her favor should be vacated under 30 WEST VIRGINIA v. B. P. J.

Opinion of SOTOMAYOR, J.

III

In addition to contending that the State’s ban violates the

Equal Protection Clause, B. P. J. argues that it also violates Title IX. I agree with the majority that it does not.

To start, as the majority observes, see ante, at 10, B. P. J.

does not dispute that, for the purposes of this case, “sex” in Title IX means “biological sex,” or sex identified at birth.

See 20 U. S. C. §1681. Nor does she dispute that “sex” is

used in the same way in the 1974 Javits Amendment, §844,

88 Stat. 612, and its accompanying regulations, which expressly authorize, but do not require, sex-separated sports

United States v. Munsingwear, Inc., 340 U. S. 36, 39–40 (1950); even though Hecox could not change her mind, switch positions, and challenge the ban in the future, Brief for Respondent in 24–38, p. 17; and even though the same issues that are presented in her case are presented in B. P. J.’s case, which means the Court can decide them fully without her redundant participation. These circumstances make her case unlike Erie v. Pap’s A. M., 529 U. S. 277, 287–289 (2000) (case not moot when, despite ceasing operations, the respondent made no representations about its future intentions and “could again decide to operate” a similar business), and more like cases this Court has dismissed as moot, see Deakins v. Monaghan, 484 U. S. 193, 199–201 (1988) (relying on respondents’ “state[ment] that they no longer seek [the relevant] relief in federal court” in concluding that “there no longer is a live controversy” as to that relief ); see also, e.g., Acheson Hotels, LLC v. Laufer, 601 U. S. 1, 5 (2023) (dismissing as moot based in part on respondent’s dismissal of her suit and representation “that she w[ould] not file any others”).

The majority nonetheless worries that dismissing Hecox as moot could risk “ ‘insulat[ing] a decision from review’ ” and rewarding “post-certiorari” gamesmanship. Ante, at 14, n. 3. Yet no evasion of review was ever possible here because identical issues are pending before (and have now been resolved by) the Court. Indeed, despite reaching out to resolve both cases on the merits, see ante, at 14, n. 3, 29, nothing in the majority’s analysis appears to depend on anything specific to Idaho’s law or the record in Hecox. The majority thus accomplishes nothing by stretching the bounds of Article III to decide this moot case, other than needlessly and gratuitously prolonging the ordeal of “harassment” and “negative public scrutiny” that Hecox experienced litigating this case and has sought to escape by dropping it. App. to Suggestion of Mootness in No. 24–38, p. 2a.

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Opinion of SOTOMAYOR, J.

teams, 34 CFR §106.41(b) (2025). Finally, she does not seriously dispute that those regulations are lawful. It follows

from all this that, even though West Virginia’s policy of separating sports teams by sex identified at birth draws a sex

distinction, it is one that Title IX allows.14

In support of her claim, B. P. J. invokes this Court’s decision in Bostock v. Clayton County, 590 U. S. 644 (2020). See

ante, at 13. In Bostock, the Court construed Title VII and

reached the simple but consequential conclusion that when

a person’s transgender status is a but-for cause of an employment decision, sex ineluctably is also a but-for cause of

that decision. 590 U. S., at 662. It is “impossible,” the

Court explained, to draw a transgender-based distinction

without also drawing a sex-based distinction. Id., at 660.

Further, because Title VII prohibits sex-based discrimination in the workplace, Bostock held, it also prohibits

transgender discrimination in that context. Ibid.

The majority is correct that Bostock does not require finding a Title IX violation in this specific context. See ante, at 13–14 (limiting discussion of this issue to “the sports context” and holding that Bostock is “not relevant” to that specific “statutory and factual context”). That is because drawing this distinction based on sex, in the form of creating sexseparated sports teams, is not unlawful under Title IX

through the Javits Amendment and its accompanying regulations, given B. P. J.’s concessions. That does not mean,

though, that Bostock has nothing to say about Title IX more

broadly, nor do I understand the majority to say otherwise.

14 The majority reaches this conclusion not by assuming that “sex”

means “biological sex,” or sex identified at birth, in Title IX, the Javits Amendment, and its accompanying regulations, but by saying that it does, at least in the sports context. Ante, at 10. There was no reason to go that far, however, given that B. P. J. loses on her concessions alone. The majority could, and should, have instead done what the Court did in Bostock v. Clayton County, 590 U. S. 644 (2020): “proceed on the assumption” that “ ‘sex’ ” in Title IX “refer[s] only to biological distinctions between male and female.” Id., at 655.

32 WEST VIRGINIA v. B. P. J.

Opinion of SOTOMAYOR, J.

Bostock, again, rested on two separate inquiries: first,

whether sex was a but-for cause of the challenged action;

and second, whether the challenged action constitutes unlawful discrimination. Bostock answers only the first question. It does not answer the second. Merely because a sex

distinction may be permissible does not mean that such a

distinction is no longer based on sex.

The facts here illustrate the difference. B. P. J. was told

that she cannot play on girls’ teams because she was identified as male at birth. If her sex identified at birth had

been female, however, B. P. J. would have been allowed to

play on girls’ teams. Bostock thus teaches that sex is a butfor cause of her exclusion. See 590 U. S., at 659–660 (concluding that a choice was made “because of sex” when

“changing the employee’s sex would have yielded a different

choice by the employer”). From here, though, Bostock has

nothing to say about whether this discrimination based on

sex is unlawful. See ante, at 4 (GORSUCH, J., concurring)

(articulating the same). On this point, B. P. J.’s claim fails because Title IX allows this sex distinction for the reasons

explained.

Yet there are plenty of contexts outside of athletics in

which Title IX applies and does not allow sex distinctions

like this one to be drawn. Title IX does not allow schools,

for example, to institute mandatory sex-segregated classes

or extracurricular activities like chess club, theater, and

student government. 34 CFR §106.34(b)(iii). Title IX also

prohibits on-campus harassment, discrimination in admission and expulsion, and much, much more. See, e.g.,

§§106.8, 106.21, 106.44, 106.45. I do not understand the

majority to suggest, for instance, that schools could expressly bar transgender students from participating in certain classes or extracurricular activities entirely, or on the more extreme end, that schools could expel transgender

students because they are transgender, and that those actions would not violate Title IX. Such actions would qualify

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Opinion of SOTOMAYOR, J.

as sex discrimination under Bostock, and in those contexts,

just like in the employment context for the purposes of Title

VII, treating people differently because of their sex would

be unlawful under Title IX.

IV

The majority’s opinion ends by reciting the many wonderful ways in which playing sports can be valuable to young

people. It can help build resilience, tenacity, leadership,

and discipline. It can lead to life-long friendships, community, and a sense of belonging. It can bring joy and the thrill of victory, along with all the lessons one learns from experiencing defeat. The benefits are immense.

Because of the Court’s decision today, West Virginia, and

any other state actor, can deny B. P. J. and others like her

these experiences simply because it thinks they have an inherent athletic advantage, even if the facts show that they

do not. In the end, to the Court, the facts do not matter,

even though the consequences are serious. The ban is absolute, so B. P. J. cannot practice on girls’ teams, even if she would not take anyone’s spot in an eventual competition,

even if everyone who tries out for the team makes it, and

even if having the chance to participate could aid immensely in treating B. P. J.’s gender dysphoria. Sports, of

course, are often zero sum, but the law need not and should

not be. Because the Court today errs by reducing the burden, at least in the sports context, that the Constitution

places on state actors when classifying based on sex, I respectfully dissent.

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Opinion of JACKSON, J.

SUPREME COURT OF THE UNITED STATES

Nos. 24–43 and 24–38

WEST VIRGINIA, ET AL., PETITIONERS

24–43 v.

B. P. J., BY HER NEXT FRIEND AND MOTHER, HEATHER

JACKSON

ON WRIT OF CERTIORARI TO THE UNITED STATES COURT OF

APPEALS FOR THE FOURTH CIRCUIT

BRADLEY LITTLE, GOVERNOR OF IDAHO, ET AL.,

PETITIONERS

24–38 v.

LINDSAY HECOX, ET AL.

ON WRIT OF CERTIORARI TO THE UNITED STATES COURT OF

APPEALS FOR THE NINTH CIRCUIT

[June 30, 2026]

JUSTICE JACKSON, concurring in the judgment in part

and dissenting in part.

I join JUSTICE SOTOMAYOR’s opinion in full. I write

briefly to address B. P. J.’s Title IX claim. As JUSTICE

SOTOMAYOR explains, the Court did not need to hold that

Title IX protects against discrimination solely on the basis

of “biological sex,” even if only “in the sports context.” See ante, at 10 (majority opinion); ante, at 31, n. 14

(SOTOMAYOR, J., concurring in judgment in part and dissenting in part). And it should not have. Instead, the Court

should have assumed as much while leaving open the possibility that Title IX’s definition of “sex” is more capacious.

As the majority notes, B. P. J. does not argue that “sex”

in Title IX means anything but “biological sex,” that is, sex

assigned at birth. Ante, at 10. Accepting the concession for

2 WEST VIRGINIA v. B. P. J.

Opinion of JACKSON, J.

purposes of this case, I agree with my colleagues that her

Title IX claim fails. When B. P. J. is sorted onto a team by

sex assigned at birth, she doubtless suffers discrimination

on the basis of her sex assigned at birth. The same is true,

however, of any other athlete sorted in the same manner,

regardless of their gender identity. In the context of athletics, the Javits Amendment and resulting regulations instruct that this brand of sex discrimination is permissible:

The sexes may generally be separated.

All this is true even though the holding of Bostock v. Clayton County, 590 U. S. 644 (2020), plainly applies to Title IX. Accord, ante, at 2–4 (GORSUCH, J., concurring); ante, at 31–

33 (opinion of SOTOMAYOR, J.). Under Bostock’s reasoning,

B. P. J. suffers discrimination on the basis of sex—yes, sex

assigned at birth—when she is excluded from the girls’

team because she was assigned male at birth (change her

sex assigned at birth to female and her ability to play girls’ sports changes too). But the same is true of a boy who was

assigned male at birth. He too is excluded from the girls’

team because he was assigned male at birth. All agree that

the Javits Amendment and resulting regulations permit

this type of (biological) sex discrimination.

But there is reason to doubt the soundness of the concession that Title IX’s reference to “sex” means only sex assigned at birth. We have “constru[ed] ‘discrimination’ under Title IX broadly,” Jackson v. Birmingham Bd. of Ed.,

544 U. S. 167, 174 (2005), to ensure that the statute protects against denial of “opportunities on the basis of gender,” Davis v. Monroe County Bd. of Ed., 526 U. S. 629, 650

(1999). Thus we have recognized that Congress’s antidiscrimination statutes “intended to strike at the entire spectrum of disparate treatment of men and women resulting

from sex stereotypes.” Los Angeles Dept. of Water and

Power v. Manhart, 435 U. S. 702, 707, n. 13 (1978) (internal

quotation marks omitted) (discussing Title VII). That is

why, in the analogous Title VII context, “an employer who

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Opinion of JACKSON, J.

acts on the basis of a belief that a woman cannot be aggressive, or that she must not be, has acted on the basis of gender” and has therefore violated the statute. Price Waterhouse v. Hopkins, 490 U. S. 228, 250 (1989) (plurality

opinion).

The prohibition against stereotyping is difficult to explain fully by reference to sex assigned at birth. A sex stereotype often will but need not have anything to do with an

individual’s sex assigned at birth. A transgender woman

penalized for being perceived as aggressive has experienced

discrimination “on the basis of sex” just as much as a cisgender woman has, no matter that the transgender

woman’s behavior matches expectations of her sex assigned

at birth. Either way, the institution has imposed its gender-based expectations upon her. And either way, the institution may have violated Title IX.

In short, the majority is wrong to suggest that the term

“sex” in Title IX “cannot plausibly be interpreted to refer to anything other than biological sex.” Ante, at 10. Title IX

makes room for individuals to live in the gender they

choose; it cares not just about sex assigned at birth but also about individuals’ ability to match (or not) their gender

presentation to their gender identity. Because West Virginia’s law forces B. P. J. to live—in this case, to play—as a boy though she is a girl, it might well run afoul of Title IX

properly construed.