West Virginia v. B.P.J.: Understanding the Supreme Court’s Decision for New Jersey School Districts
August 4, 2026
By: Peter Deponte, Former Law Clerk
On June 30, 2026, the United States Supreme Court issued its decision in West Virginia v. B.P.J., holding that Title IX and the Equal Protection Clause do not prohibit states from adopting laws that restrict participation on girls’ and women’s athletic teams based on biological sex.
The decision comes amid ongoing legal and policy debates regarding transgender student participation in school athletics. While the Supreme Court’s decision provides guidance regarding the authority of states to establish athletic eligibility rules based on biological sex, the decision does not require states to adopt such restrictions and does not invalidate state laws or policies that permit transgender students to participate in athletics consistent with their gender identity.
Given the continued attention surrounding transgender student participation in school sports, New Jersey school districts should understand what the decision means and how it impacts their existing obligations.
What the Supreme Court Ruled
The Supreme Court decided two issues: whether Title IX permits schools to maintain separate sports teams defined by biological sex, and whether West Virginia and Idaho (states that adopted such policies and laws) violated the Equal Protection Clause of the Fourteenth Amendment.
The Court held that Title IX does not prohibit schools from maintaining separate athletic teams based on biological sex. The Court relied on the language of Title IX, which permits schools to provide separate teams for male and female students in certain athletic contexts. In plain language, the Court held schools may separate teams by biological sex in order to give “biological females” an opportunity to participate, while transgender girls (referred to by the Court as “biological males”) are provided an opportunity to participate on the men’s team.
The Court also held that this type of policy or law does not violate the Equal Protection Clause of the Fourteenth Amendment (EPC). The majority concluded that the states had identified an important governmental interest (protecting opportunities for female athletes) and that the laws were sufficiently related to that interest to withstand constitutional review. The Court also rejected the argument that states are required to conduct individualized, case-by-case comparisons before establishing athletic eligibility rules. Instead, the Court concluded that states may adopt general rules governing athletic participation based on biological sex.
In short, the Court found that states may adopt laws that separate teams based on biological sex and that such laws do not automatically violate Title IX or the Equal Protection Clause. Despite this, the Court did not hold that states and schools are required to do so.
What Does This Mean for New Jersey School Districts?
For New Jersey school districts, the immediate impact of West Virginia v. B.P.J. is limited. Because the Court’s holding is permissive rather than mandatory, the decision does not preempt, invalidate, or otherwise require changes to New Jersey’s existing laws and policies regarding transgender participation in athletics.
New Jersey law continues to prohibit discrimination based on gender identity or expression, Under the New Jersey Law Against Discrimination (“NJLAD”), N.J.S.A. 10:5-1 et seq., it is unlawful to discriminate against an individual based on their gender identity or expression. Furthermore, N.J.S.A. 18A:36-41, enacted in 2017, directs the Commissioner of Education to develop and distribute guidelines regarding transgender students. These guidelines address “providing a transgender student with the same opportunities to participate in physical education as other students, and permitting the student to participate in physical education in accordance with the student’s gender identity.”
The New Jersey State Interscholastic Athletic Association (“NJSIAA”) adopted its Transgender Policy in 2009 and amended the policy in 2017. The policy defines a transgender student as “a student whose gender identity differs from the student’s sex assigned at birth” and provides that they “shall be eligible to participate in accordance with either their birth sex or in accordance with their gender identity, but not both.” The NJSIAA policy further states that a member school may appeal a student’s eligibility “on the grounds that the student’s participation in interscholastic athletics would adversely affect competition or safety.”
Because West Virginia v. B. P. J. does not require New Jersey to change its laws, New Jersey school districts should continue following existing state law, Department of Education guidance, and NJSIAA requirements regarding transgender student participation in athletics.
Going Forward
Although the Supreme Court’s decision does not immediately change the obligations of New Jersey school districts, districts should remain aware of ongoing developments regarding the federal government’s interpretation and enforcement of Title IX.
On February 5, 2025, President Trump issued Executive Order 14201 “Keeping Men Out of Women’s Sports,” directing federal agencies to prioritize Title IX enforcement actions against educational institutions that permit transgender women to participate in women’s athletics. The Executive Order takes the position that such participation violates Title IX. The federal government’s position has resulted in ongoing litigation involving states, school districts, and athletic organizations. Districts should continue monitoring these developments, as future federal enforcement actions or court decisions may impact Title IX obligations nationwide.
The decision in West Virginia v. B. P. J. may result in questions from community members or others who believe that school districts are required to adopt athletic participation policies based on biological sex or risk litigation and/or the loss of federal funding. Districts should be mindful that the Supreme Court’s decision is permissive, not mandatory; the Court held that states may adopt such policies, but it did not require schools or states to do so.
In New Jersey, state law continues to govern the obligations of public school districts, including requirements applicable to the receipt of state funding. While districts should continue monitoring potential federal developments and any changes to Title IX enforcement, the West Virginia v. B. P. J. decision does not, by itself, alter New Jersey’s existing legal requirements.
This communication does not create an attorney-client relationship between you and Chasan Lamparello Mallon & Cappuzzo, PC. The information contained herein is provided for general informational purposes only and does not constitute as legal advice. Readers of this publication herein should not rely upon or use as a substitute for consultation with legal, career and or professional advisors. Nothing herein should be considered advice, recommendation, or an offer to perform services. No aspect of this advertisement has been approved by the Supreme Court of New Jersey.