The case marks the first time the Supreme Court has reviewed the issue of biological men who routinely dominate biological women in various sports.
The order relates to a single student, Becky Pepper-Jackson, who runs on the cross-country and track teams at a middle school in Bridgeport, W.Va.
In February, the U.S. Court of Appeals for the Fourth Circuit, in Richmond, Va., blocked a lower-court order allowing Becky to be removed from the team under West Virginia's Save Women's Sports Act while litigation over the law proceeds.
Almost 20 states have passed laws restricting biological males from participating in female events, the Wall Street Journal reports.
According to court records, by fourth grade, Becky had "socially transitioned to living and presenting as a girl," and does so "with the full support of her family" while receiving puberty blockers and hormone therapy in an effort to "develop physiological characteristics consistent with hormonal puberty typical of girls."
That said, Becky hasn't been a star performer on Bridgeport's team. "Despite regularly finishing near the back of the pack, she loves to play, have fun with her friends, and try her best," reads the filing.
In April 2021, the West Virginia legislature passed the Save Sports Act, restricting transgender individuals from participating in public school girls' teams, citing concerns that transgenders could dominate female competition categories.
BREAKING: SCOTUS *refuses* to allow West Virginia to enforce its sports ban on transgender girls.— Steven Mazie (@stevenmazie) April 6, 2023
Apparent vote is 7–2, with Justices Thomas and Alito in dissent pic.twitter.com/UZr4De6xEo