According to a June 30, 2026 U.S. Supreme Court (Court) decision, girls’ and boys’ sports teams can be separated based on “biological sex.” It also allows state laws separating athletics based on “biological sex” to remain in place. The ruling included a West Virginia case (West Virginia v. B.P.J. ) that was filed on behalf of a teen assigned male at birth but who has publicly identified as a girl since third grade. The student took medication to stave off male puberty and also began estrogen hormone therapy but, as an 11-year-old middle schooler in 2021, that student was prohibited by state law from trying out for and playing on the girls’ cross country team since West Virginia’s 2021 state law barred transgender students’ participation on sports teams based on their gender identity.

Prior to 2021, West Virginia schools allowed transgender students to play on teams aligning with their gender identity on a case-by-case basis, according to court documents.

In their decision, justices in the majority opinion said the 2021 West Virginia law and others similar to it nationwide ”are reasonable” because of physical differences between men and women such as height, weight, strength, speed, endurance and jumping ability — even in cases where hormones and puberty blockers are involved. However, the divide between justices about whether transgender students may be prohibited from playing on sports teams aligning with their gender identity in all cases or whether there should be some exceptions to that prohibition reflects a broader one nationwide among legislators, families, educators, education leaders, and the general public.

According to JD Supra, under the Court’s decision, Pennsylvania school districts are now permitted, but not required, to maintain girls’ sports teams limited to biological females, students assigned female at birth. Critically, the decision permits, but does not mandate, that states restrict athletic participation based on biological sex. Because Pennsylvania has not enacted a statute comparable to those in West Virginia or Idaho, its school districts retain discretion to set their own eligibility policies, subject to the executive order and state-law obligations discussed below.

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