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

A Case Concerning LGBTQ Student(s) and Title IX

Key Date: July 21, 2021 • Preliminary Injunction Filed
Legal Team: Lambda Legal
Type: Transgender Student Cases

West Virginia lawmakers passed a so-called “Save Women’s Sports Bill” during the 2021 legislative session that prevents transgender youth from playing sports in the division corresponding to their gender identity. ACLU filed suit on behalf of an eleven-year-old transgender girl who wants to play on her public middle school’s girls’ cross-country and track teams.

Latest in the Case:

May 26, 2021Lambda Legal files suit, challenging the law and asking a judge to issue a preliminary injunction to prevent the law from going into effect while litigation is pending.

June 17, 2021: The U.S. Department of Justice files a statement of interest, asking the judge to grant the preliminary injunction.

July 21, 2021: A preliminary injunction is granted, pending litigation. The court concluded that the girl was likely to succeed on her claim that applying that law, which precludes transgender girls from participating on girls’ interscholastic athletic events unless they were designated as female on their original birth certificates, violates the Equal Protection Clause and Title IX.

Complaint Department of Justice Statement of Interest

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