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March 2026 | VOLUME 4 | NUMBER 3
“He has told you, O man, what is good; and what does the Lord require of you but to do justice, and to love kindness, and to walk humbly with your God?”
– Micah 6:8
Welcome to the March edition of the ACCS Legal Update!
In this edition, I will address two major court cases being argued before the Supreme Court in January (State of West Virginia v. B.P.J. and Little v. Hecox), both related to state laws passed to protect women’s sports. Additionally, and on a related note, a new brief has been filed in Zinski v. Liberty University. My hope is to weave these three cases together, hoping to demonstrate why it all matters.
State of West Virginia v. B.P.J.
In April of 2021, West Virginia passed the Save Women’s Sports Act (HB 3293), aimed at preventing biological males from participating in women’s athletics, but it was almost immediately challenged by the ACLU on behalf of a male plaintiff. In July 2021, a federal district judge sided with the plaintiff.
Shortly afterwards, in September of 2021, a West Virginia State University women’s soccer player named Lainey Armistead filed a motion to intervene, defending the law against the federal judge’s decision. Armistead’s motion was granted, and has been argued by attorneys from Alliance Defending Freedom (ADF) and the State of West Virginia ever since.
Since 2021, the State of West Virginia v. B.P.J. has become a case study in judicial contradiction. In early 2023, the initial injunction was removed and the Save Women’s Sports Acts was deemed constitutional. The very next month, the 4th Circuit U.S. Court of Appeals rejected that decision and ruled yet again for the plaintiff. Interestingly, as the ADF reports, the “appeals court did not provide any rationale for its decision.”
Eventually, in July of 2025, the Supreme Court agreed to hear oral arguments for the case, along with…
Little v. Hecox
The State of West Virginia v. B.P.J. essentially mirrors this case from Idaho. In March of 2020, the Idaho state government passed the Fairness in Women’s Sports Act, primarily in response to two female athletes on Idaho State University’s track and cross-country teams losing their placement levels following losses to a male competitor.
Of course, the law was challenged by the ACLU on behalf of a male athlete and, sadly, the 9th Circuit U.S. Court of Appeals sided with them.
In order to save the Fairness in Women’s Sports Act, two female athletes (Madison Kenyon and Mary Kate Marshall) asked the ADF to intervene on their behalf. Since May of 2020, the ADF has represented them in the case, Little v. Hecox.
After failed attempts to review and reverse that decision, the ADF appealed to the U.S.
Supreme Court, which agreed to hear the case in July of 2025. Oral arguments for were heard in January of this year, along with those in State of West Virginia v. B.P.J.
Those two cases are, in a way, related to the issues raised in Zinski v. Liberty University…
Update on Zinski v. Liberty University
In a few previous editions of the Legal Update, I have reported on Zinski v. Liberty University. But, in case you missed it, here is a brief snapshot of the case, quoted from an earlier edition.
“On July 29, 2024, the ACLU of Virginia filed a lawsuit against Liberty University on behalf of Jonathan (“Ellenor”) Zinski. The lawsuit claims that Liberty violated Title VII of the Civil Rights Act of 1964 by terminating his employment due to his coming out as a transgender woman.
Zinski was hired to work at the university’s IT helpdesk and, as terms of his employment, was required to serve a 90-day probationary period. Once the probationary period was complete, Zinski notified Liberty’s Human Resources department that he identified as a woman and had begun hormone therapy.”
Zinski is seeking punitive and compensatory damages, as well as a declaration (for legal precedent) that the university’s policy was in violation of Title VII. Zinski claims he is a devout Christian and that his transgender identity should not be grounds for termination of his employment.
On March 17, the U.S. 4th Circuit Court of Appeals will hear oral arguments in the case.
Things to Consider:
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Note the Connections – While State of West Virginia v. B.P.J. and Little v. Hecox are nearly identical cases, we need to note the connection with Zinski v. Liberty University. All three of these cases represent attempts to force progressive transgender ideology, against the will of a private Christian university, and even against entire states. If the ACLU is successful in any of these three cases, legal precedent will be set for further encroachment of transgender ideology well beyond hiring practices and athletics. The outcome of these cases will also either deter or encourage the proposal of terribly overreaching laws like Maryland HB 649 and Virginia HB 359 (detailed in previous Legal Updates).
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Pray – Hearing about these lawsuits, and what they reveal about the state of our society, can be disheartening (to put it mildly). Not knowing what else to do, we often weakly respond with something like, “Well, the least we can do is pray about it.” Yet, prayer is the most we can ever do. Appeal to God Almighty for His intervention. Let us come boldly to the throne of grace on behalf of these important cases. These cases are out of the legislative halls and into the courtroom. So, while we cannot reach out to senators, we can appeal to the King.
Grace & Peace,
Brian Phillips, Ed.D.
Brian Phillips is the pastor of Holy Trinity Reformed Church (CREC – Concord, NC) and teaches History & Literature at Scholé Academy and Oaks Classical Christian Academy (Albemarle, NC). He served as the Director of Consulting for The Circe Institute, Head of Upper School at Covenant Classical School (Concord, NC), and was an adjunct faculty member of Belmont Abbey College.
Dr. Phillips has an M.A. in Theological Studies, an M.A. in Classical Studies, an Ed.D. in Classical Education, and completed paralegal training at Duke University. He is also the author/editor of several books, including Sunday Mornings: An Introduction to Biblical Worship, Tales of Wonder (Vol. I & II) and the Canon Classics Guides to Dante’s Inferno and the Meditations of Marcus Aurelius. Brian and his wife, Shannon, live in North Carolina with their four children and their German Shepherd, Ajax the Great.