On June 30, 2026, the U.S. Supreme Court ruled in West Virginia v. B.P.J. that Title IX and the Equal Protection clause permit states to restrict participation on girls’ and women’s athletic teams to biological females.
In a 6–3 decision authored by Justice Kavanaugh, the Court concluded that schools may determine eligibility for female sports based on biological sex and that neither Title IX nor the Constitution’s Equal Protection clause requires states to allow biological males to participate on girls’ or women’s teams. The Court emphasized that Title IX was enacted to expand athletic opportunities for female students and noted that longstanding federal regulations expressly permit separate athletic teams for males and females. The majority determined that the term “sex” in Title IX and its implementing regulations refers to biological sex and that the law does not require schools to create exceptions based on an individual athlete’s gender identity, physical characteristics, or competitive advantage.
Addressing the Equal Protection claim, the majority applied “intermediate” scrutiny and found that state laws limiting girls’ and women’s sports to biological females serve important governmental interests, including competitive fairness and athlete safety. The majority held that these laws are substantially related to those objectives and that states are not constitutionally required to conduct individualized assessments of athletes or provide case-by-case exemptions. However, the Court noted that its decision is limited to participation in girls’ and women’s athletics and does not address other issues involving transgender students, such as bathrooms, locker rooms, pronoun policies, parent notification requirements, staff rights, or broader questions regarding Title IX protections.
In a partial dissent, Justice Sotomayor, joined by Justices Kagan and Jackson, agreed that the Title IX claims failed but argued that the majority resolved the Equal Protection issue prematurely without allowing additional factual development. The dissent contended that further analysis was needed to determine whether excluding transgender girls from girls’ sports actually advances the states’ stated interests.
Illinois does not currently have legislation in effect like the laws at issue in West Virginia. At the same time, schools should recognize that many legal questions involving transgender-student rights remain unresolved, and districts should continue to contact their legal counsel regarding student rights, facilities access, privacy, extracurricular participation, and nondiscrimination obligations.
Contact any of our student/special education practice group attorneys with your inquiries. We will discuss the decision (with the benefit of some hindsight) at our fall Year in Review conferences.
