West Virginia Defends Save Women’s Sports Act Before the U.S. Supreme Court

Charleston, West Virginia; December 17th, 2025

West Virginia has formally carried its defense of the Save Women’s Sports Act to the highest court in the nation, as Attorney General JOHN B. MCCUSKEY filed a legal brief with the UNITED STATES SUPREME COURT, arguing that the state’s law is constitutional and consistent with long-standing principles governing athletic competition.

According to the OFFICE OF THE WEST VIRGINIA ATTORNEY GENERAL, the brief was submitted in response to ongoing litigation challenging the state statute, which restricts participation in girls’ and women’s scholastic sports teams to biological females. The law, passed by the West Virginia Legislature and signed into law in 2021, has remained the subject of legal scrutiny as similar statutes across the country move through federal courts.

Attorney General McCuskey’s filing asks the Supreme Court to allow the law to stand, asserting that West Virginia has a legitimate and compelling interest in preserving fair competition and athletic opportunities for female athletes. The brief argues that sex-based classifications in sports have historically been recognized as lawful when they are rooted in biological differences relevant to physical competition.

The Attorney General’s office states that the law was enacted to protect the integrity of women’s sports at the middle school, high school, and collegiate levels, where physical differences between male and female athletes can affect competitive balance, safety, and scholarship opportunities. The brief contends that the statute does not target individuals, but instead establishes eligibility criteria designed to maintain level playing fields in sex-segregated athletic programs.

In its filing, the OFFICE OF THE WEST VIRGINIA ATTORNEY GENERAL emphasizes that states have long been permitted to regulate school athletics, including eligibility requirements, under both state authority and federal law. The brief maintains that West Virginia’s approach aligns with Title IX’s original purpose of expanding and protecting athletic opportunities for women and girls.

The Supreme Court has not yet announced whether it will take up the case for full review. If accepted, the case could have nationwide implications, as multiple states have enacted or proposed similar laws and are watching closely for guidance from the Court.

Attorney General McCuskey, in statements released by his office, framed the filing as part of a broader effort to defend laws passed by elected representatives and to preserve policies the state believes are lawful and necessary. The office reiterated that the legal process, rather than political rhetoric, will determine the statute’s future.

As the case proceeds, West Virginia’s law remains a focal point in a broader national debate over athletics, education, and the scope of state authority. For now, the matter rests with the Supreme Court, which will decide whether to weigh in on a question that continues to surface in legislatures, courts, and school systems across the country.

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Sources

Primary First-Hand Sources

• OFFICE OF THE WEST VIRGINIA ATTORNEY GENERAL JOHN B. MCCUSKEY — Official press release announcing the filing of a brief defending the Save Women’s Sports Act before the UNITED STATES SUPREME COURT