Senator Jim Justice Advocates for Federal Law on Transgender Sports Participation Following Supreme Court Rulings

Following recent United States Supreme Court decisions that affirmed states' authority to regulate transgender athletes' participation in girls' and women's sports, Senator Jim Justice of West Virginia is urging Congress to establish similar protections at a national level.

Senator Justice, who previously signed West Virginia's "Save Women's Sports Act" into law during his tenure as governor, stated that the Supreme Court's validation of the state's approach confirms West Virginia's foresight on the issue after enduring years of legal challenges.

"To be perfectly honest, it makes me super proud of West Virginia," Justice remarked in an interview on Tuesday. "I'm prejudiced, you know, toward West Virginia, that's for sure. But it makes me proud that the people of West Virginia had it right."

Supreme Court Upholds State Laws

The Supreme Court's twin rulings in the cases of West Virginia v. B.P.J. and Little v. Hecox upheld statutes in West Virginia and Idaho, respectively, which limit participation in girls' and women's athletic competitions based on biological sex. These decisions reinforce similar legislative measures already enacted in 27 other states across the nation.

West Virginia was among the initial states to implement legislation restricting transgender individuals from competing in girls' and women's athletics when then-Governor Justice enacted House Bill 3293 in April 2021.

This law mandates that public school and college athletic teams designated for females must determine eligibility based on biological sex. The measure faced immediate legal scrutiny, leading to extensive litigation before ultimately reaching the Supreme Court.

Senator Justice emphasized that he and his administration were prepared to assume both political and legal risks to advance this legislation.

"I'm a coach and I've been a coach forever and I coach women and girls and have done that forever," Justice explained. "I see how hard they compete, how hard they try, how valuable Title IX is. I see their dreams being extinguished. And from my standpoint, from my heart, I've been all in from day one."

Advocating for National Standards

While the Supreme Court affirmed the validity of the laws in West Virginia and Idaho, its rulings did not establish a uniform national standard. This omission leaves policy determinations to individual states and provides the impetus for Senator Justice's current advocacy for federal legislation.

Justice's call for a nationwide law coincides with ongoing legal conflicts involving the Trump administration and states like California and Maine, which have adopted policies permitting transgender athletes to participate in girls' and women's sports. Former President Donald Trump has challenged Democratic Maine Governor Janet Mills over her state's transgender athlete policy and has initiated legal action against California for similar regulations, contending that both states are undermining Title IX protections intended for women and girls.

Despite California Governor Gavin Newsom's public statements indicating he believes it is unfair for transgender athletes to compete in women's sports, California Attorney General Rob Bonta is currently defending the state's policy in court against the Trump administration's lawsuit.

Legal proceedings involving the Trump administration and both California and Maine remain active.

Continued Legislative Efforts

Since his inauguration as a senator in January, Justice has actively pursued making West Virginia's policy a national benchmark. He co-sponsored the Protection of Women and Girls in Sports Act (S.9), introduced by Senator Tommy Tuberville of Alabama. However, this bill did not advance in March 2025, failing to secure the required 60 votes in the Senate.

On Tuesday, Senator Justice affirmed his continued commitment to supporting legislative initiatives aimed at safeguarding women's sports for all girls and women across the country.

"As soon as I was sworn in as Senator I got to work on protecting women's sports," Justice declared in a statement. "Our girls deserve somebody willing to stand up and fight for them. That's why I proudly cosponsored Senator Tuberville's S.9 and pushed the NCAA for answers about protecting women's locker rooms. At the end of the day, this isn't complicated. It's just common sense. Let's protect our female athletes, keep women's sports for women, and do what's right."

In the interim, Justice extended an invitation for families seeking what he described as "commonsense" policies to consider relocating to West Virginia.

"Come to West Virginia and Idaho," Justice stated. "For God's sakes, what in the world do you want to be in California for? Because the reason is just right out the window in California, It makes no sense at all. Logic doesn't matter. But in West Virginia, you'll find a lot of good stuff."

Ultimately, Senator Justice articulated that the core of the debate centers on preserving athletic opportunities for female athletes.