In November 2025, 130 Democrats submitted the brief urging the Supreme Court to uphold lower court decisions blocking state bans on transgender-identifying biological males competing in girls' sports. The brief argues that such bans violate Title IX and the Equal Protection Clause in the consolidated cases West Virginia v. B.P.J.and Little v. Hecox. Oral arguments are set for next week, on January 13.

The West Virginia case centers on a boy who goes by Becky Pepper-Jackson (referred to as B.P.J. in court documents). He is a transgender-identifying athlete who sued in 2021—at age 11—to challenge the state's Save Women's Sports Act, which was designed to protect women from being forced to compete alongside trans-identifying athletes. To do so, the law designates teams by biological sex and bars biological males from girls' teams. Lower courts, however, blocked the law's application to Pepper-Jackson, allowing him to participate on girls' track and field teams at Bridgeport Middle School (and later high school). In July 2025, the Supreme Court agreed to review the case.

Allegations against Pepper-Jackson primarily emerged from two former female teammates who have come forward to share the experiences they've had with him. Adaleia Cross, a Bridgeport High School student and former middle school teammate of Pepper-Jackson, claimed that during the 2022-2023 school year, the trans athlete made sexually explicit comments that constituted as harassment in the girls' locker room (when Cross was in 8th grade and the athlete in 7th). Cross' mother reported that the athlete made inappropriate remarks to her daughter and others, but as her father emphasized, "We received no response from the school after filing the report."

Adaleia herself expressed her frustration: "They told me they would do a full investigation into what I told them. And then, all of a sudden, it was like nothing else was happening, it was done, and it seemed like they thought nothing of it because they didn't talk to us about it at all, they just left it there and didn't tell us anything else, so it just made it [seem] like, yup, it's done." As such, Cross made the decision to quit high school track to avoid further contact with the trans-identifying athlete. These claims appear in sworn testimony from a separate multi-state Title IX lawsuit filed in 2024 challenging federal regulations.

In a separate circumstance, Emmy Salerno, a former Lincoln Middle School track athlete, accused the same trans athlete of using "intimidation tactics" against her in spring 2024 after she and others protested by refusing to compete against Pepper-Jackson in shot put. After the fact, Salerno claimed she caught him staring, refusing to speak to her, sharing a Snapchat post claiming she had "more testosterone," and an incident at a basketball game where the athlete allegedly followed her with intimidating stares, raising fears of him wanting to "fight" her.

The American Civil Liberties Union (ACLU), representing Pepper-Jackson, has denied Cross's allegations, stating, "Our client and her mother deny these allegations and the school district investigated the allegations reported to the school by A.C. and found them to be unsubstantiated." The organization added that it remains "committed to defending the rights of all students under Title IX, including the right to a safe and inclusive learning environment free from harassment and discrimination."

The Cross family is represented by attorneys at the Alliance Defending Freedom (ADF), who promptly responded to the ACLU with this statement: "Our client has sworn under oath and under penalty of perjury in numerous cases about the events that took place between her and the male athlete. As a result of the situation, [Cross] had to step away from the sport she loved entirely and sacrifice a key element of her school experience to protect herself." According to Fox News, "ADF is also representing the state of West Virginia against the trans athlete in the case that is set to be reviewed by the Supreme Court."

So far, the ACLU has yet to respond to ADF, nor has it responded to Salerno's allegations.

Ultimately, the amicus brief, supporting Pepper-Jackson and signed by 130 Congressional Democrats, was led by Congressional Equality Caucus Co-Chair Becca Balint (VT), Democratic Women's Caucus Chair Teresa Leger Fernández (NM), and Senator Mazie Hirono (Hawaii). Signatures include prominent names such as Reps. Alexandria Ocasio-Cortez (NY) and Ilhan Omar (MN), as well as House Minority Leader Hakeem Jeffries (NY) and Rep. Nancy Pelosi (CA).

The case could set nationwide precedent on transgender participation in girls' sports, particularly amid ongoing and fierce debates over fairness, privacy, and safety for female athletes. As Family Research Council's Joy Stockbauer said in a comment to The Washington Stand, "I hope that SCOTUS prioritizes the safety, wellbeing, and futures of young women across America in their decision on this case. Every day, young female athletes must face sexual harassment, unfair playing fields, and the loss of opportunities at the hands of troubled young men, or else abandon the sports they love and their own God-given talents entirely."

"This case," she concluded, "is not the first instance of a trans-identifying athlete harming young women, and it will not be the last, so long as this madness is allowed to persist." Subscribe for free to Breaking Christian News here

Sarah Holliday is a reporter at The Washington Stand.

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