Five West Virginia middle school girls who were banned from participating in track and field meets after protesting against a transgender athlete have been allowed to compete again, following a judge’s ruling. The Harrison Board of Education denied allegations of retaliation and stated that the students were not penalized for their speech, but rather for violating a team rule regarding participation in events following a scratch. The students were subject to this rule prior to their protests and have since competed without restriction, according to the school board.
West Virginia Attorney General Patrick Morrisey filed an amicus brief in support of the girls and praised the judge’s decision, stating that the students should be commended for standing firm in their beliefs and addressing grievances within the protections guaranteed by the Constitution. The girls were initially barred from participating in a shot put event after protesting a court’s ruling that blocked enforcement of the state’s “Save Women’s Sports Act,” which prohibited transgender girls from competing against biological girls. The 4th U.S. Circuit Court of Appeals found the law to be in violation of Title IX.
The Save Women’s Sports Act in West Virginia, signed in 2021, was blocked by a 2-1 ruling from the 4th U.S. Circuit Court of Appeals. The court determined that the law could not lawfully be applied to a middle school-aged transgender girl who had been publicly identifying as a girl since the third grade. The law faced legal challenges, including a lawsuit filed by the ACLU on behalf of a 12-year-old transgender athlete who would have been affected by the ban. The ACLU argued that the law violated the 14th Amendment and protections under Title IX.
West Virginia is one of 24 states that have laws prohibiting biological males from competing in girls’ sports. The issue of transgender participation in sports continues to be a contentious topic, with concerns raised about fairness and possible discrimination. The case involving the West Virginia middle school girls highlights the complexities surrounding this issue and the legal battles that have ensued. Despite the challenges and disagreements, the judge’s decision allowing the students to compete again reflects a recognition of their right to express their beliefs and participate in athletics.
