B.P.J. v. West Virginia State Board of Education

FILED: August 13, 2026

UNITED STATES COURT OF APPEALS
FOR THE FOURTH CIRCUIT

No. 23-1078
(2:21-cv -00316)

B.P.J., by her next friend and mother; HEATHER JACKSON,

Plaintiffs – Appellants,

v.

WEST VIRGINIA STATE BOARD OF EDUCATION; HARRISON COUNTY BOARD
OF EDUCATION; WEST VIRGINIA SECONDARY SCHOOL ACTIVITIES
COMMISSION; W. CLAYTON BURCH, in his official capacity as State Superintendent;
DORA STUTLER, in her official capacity as Harrison County Superintendent,

Defendants – Appellees,

and

THE STATE OF WEST VIRGINIA; LAINEY ARMISTEAD,

Intervenors – Appellees.

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TREVOR PROJECT; TRANSGENDER WOMEN ATHLETES; UNITED STATES OF
AMERICA; NATIONAL WOMEN’S LAW CENTER AND 51 ADDITIONAL
ORGANIZATIONS; STATE OF NEW YORK; AMERICAN ACADEMY OF
PEDIATRICS; AMERICAN MEDICAL ASSOCIATION; FOUR ADDITIONAL
HEALTH CARE ORGANIZATIONS; ATHLETE ALLY; CURRENT AND FORMER
PROFESSIONAL, OLYMPIC AND INTERNATIONAL ATHLETES IN WOMENS
SPORTS; NATIONAL WOMEN’S SOCCER LEAGUE PLAYERS ASSOCIATION;
WOMEN’S SPORTS FOUNDATION; DISTRICT OF COLUMBIA; STATE OF
HAWAII; STATE OF CALIFORNIA; STATE OF COLORADO; STATE OF
CONNECTICUT; STATE OF DELAWARE; STATE OF ILLINOIS; STATE OF
MAINE; STATE OF MARYLAND; STATE OF MASSACHUSETTS; STATE OF
MICHIGAN; STATE OF MINNESOTA; STATE OF NEW JERSEY; STATE OF
OREGON; STATE OF RHODE ISLAND; STATE OF VERMONT; STATE OF
WASHINGTON,

Amici Supporting Appellants,

and

THOMAS MORE SOCIETY; NATIONAL ASSOCIATION OF EVANGELICALS;
CONCERNED WOMEN FOR AMERICA; INSTITUTE FOR FAITH AND FAMILY;
SAMARITAN’S PURSE; WOMEN’S DECLARATION INTERNATIONAL USA; 25
ATHLETIC OFFICIALS AND COACHES OF FEMALE ATHLETES; FEMALE
OLYMPIC ROWERS MARY I. O’CONNOR, CAROL BROWN, PATRICIA
SPRATLEN ETEM, VALERIE MCCLAIN, AND JAN PALCHIKOFF; 22 BUSINESS
EXECUTIVES; INTERNATIONAL CONSORTIUM ON FEMALE SPORT;
INDEPENDENT COUNCIL ON WOMEN’S SPORT; DEFENSE OF FREEDOM
INSTITUTE; 78 FEMALE ATHLETES, COACHES, SPORTS OFFICIALS, AND
PARENTS OF FEMALE ATHLETES; PUBLIC ADVOCATE OF THE UNITED
STATES; AMERICA’S FUTURE; U.S. CONSTITUTIONAL RIGHTS LEGAL
DEFENSE FUND; ONE NATION UNDER GOD FOUNDATION; FITZGERALD
GRIFFIN FOUNDATION; CONSERVATIVE LEGAL DEFENSE AND EDUCATION
FUND; INDEPENDENT WOMEN’S LAW CENTER; PARENTS DEFENDING
EDUCATION; ALABAMA, ARKANSAS, AND 15 OTHER STATES,

Amici Supporting Appellees.

O R D E R

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This case
is back on remand from the Supreme Court for further proceedings
consistent with its June 30, 2026, opinion
. The district court’s judgment is AFFIRMED.
Entered
at the direction of Judge Heytens with the concurrence of Judge Agee and
Judge Harris.
For
the Court
/s/ Nwamaka Anowi, Clerk