West Virginia filed a petition with the Supreme Court on Tuesday requesting the high court hear its case State of West Virginia v. B.P.J., which had banned biological boys from competing in girls' sports.
"We have always been confident in the merits of our case and defense of the Save Women's Sports Act, which protects safety and fairness in women's and girls' sports," Attorney General JB McCuskey said in a statement. "The law is constitutional and complies with Title IX. While Skrmetti is a landmark decision, our specific question remains; that is why we are urging the Supreme Court, through our supplemental filing, to take our case and allow the women and girls of West Virginia to begin enjoying the protections of the Save Women's Sports Act."
McCuskey's filing came a week after the Supreme Court upheld Tennessee's law banning puberty blockers and sex-reassignment surgeries for minors. Tennessee Attorney General Jonathan Skrmetti had argued that the Biden administration's expanded guidelines in Title IX were based on federal overreach.
The case State of West Virginia v. B.P.J centers on the West Virginia Save Women's Sports Act of 2021, which prohibits biological males from participating on girls' sports teams. A 4th Circuit Court injection has blocked the law from taking effect.
McCuskey's filing states that the high court's decision regarding Skrmetti "does not address critical questions unique to athletics. The Court should thus grant plenary review."
Tuesday's filing follows efforts by Republicans to undo many of the policies under former President Joe Biden.
President Donald Trump in February signed an executive order "Defending Women from Gender Ideology Extremism and Restoring Biological Truth to the Federal Government," which, among other objectives, rescinds the Biden administration's executive orders and agency guidance that promote "gender" as a concept distinct from biological sex.
James Morley III ✉
James Morley III is a writer with more than two decades of experience in entertainment, travel, technology, and science and nature.
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