B.p.j., by her next friend 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

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