The United States Supreme Court issued its long-awaited opinion in West Virginia v. B.P.J. and Little v. Hecox on Tuesday, ruling that states may exclude transgender athletes from competing on women’s and girls’ sports teams.
The justices were unanimous in their analysis that the laws do not violate civil rights laws. However, the court was split on whether West Virginia’s law stood up to constitutional muster.
The ruling concludes this chapter in the ongoing cultural debate. The Save Women’s Sports Act was overwhelmingly approved by the legislature and signed by then-Gov. Jim Justice in 2021, and was almost immediately challenged in court. The legal battle trudged on for the next five years on its way to becoming a landmark U.S. Supreme Court decision.
Tuesday’s ruling settled the legal debate, but the court of public opinion weighed in on the issues long before the justice issued their legal opinions. According to Pew Research, 66 percent of U.S. adults support laws requiring athletes to compete on teams that match their biological sex. A Gallup poll found similar results, with 69 percent of adults supporting such laws.
West Virginia is not alone in passing a law to protect women’s and girls’ sports. Twenty-six other states have recognized the basic fact that there are differences between males and females and have chosen to pass legislation acknowledging those distinctions in athletic competition.
Lawmakers, who campaigned on protecting women’s and girls’ sports, can now tell constituents that they have fulfilled their campaign promise. The Save Women’s Sports Act is now the law of the land in West Virginia.
“I would say that for the foreseeable future, we have a very certain future for women’s sports. And here in West Virginia, we know what the rules are, we know what the law is, we know that it’s constitutional,” said West Virginia Attorney General J.B. McCuskey on Talkline.
Tuesday’s ruling also presents an opportunity for legislators to move on from the issue. Discussions surrounding the topic during the legislative session have been known to grind momentum to a halt, and Republicans running for office over the last five years have made it a centerpiece of their campaigns.
The issue is now settled, at least for now.
As J.B McCuskey cautioned,
“In the world of constitutional litigation, Dave, there’s never an end to any chapter.”
