The 4th U.S. Circuit Court of Appeals ruled that West Virginia’s transgender sports ban violates the rights of a teen athlete under Title IX, a federal civil rights law that prohibits sex-based discrimination in schools. The court found that the law could not be applied to a 13-year-old transgender girl who has been living as a girl for over five years, taking puberty-blocking medication, and participating in girls’ athletic teams. The court blocked the state’s attempt to remove her from her middle school cross country and track teams based on the law. The ruling emphasized that forcing the athlete to compete on boys’ teams would not be a real choice and would deprive her of meaningful athletic opportunities.
The ruling was in response to a lawsuit filed by the American Civil Liberties Union, its West Virginia chapter, and LGBTQ interest group Lambda Legal against the state, county boards of education, and their superintendents after Governor Jim Justice signed the transgender sports ban into law. The court pointed out that the athlete has undergone a social transition, changed her name, and received a birth certificate listing her as female. She has also been on estrogen hormone therapy and has only participated in girls’ sports teams since elementary school. The court concluded that applying the ban to her would treat her worse than others in similar situations, deprive her of opportunities, and discriminate against her based on sex.
The ruling confirmed that the law is discriminatory and emphasized that the athlete is the only child currently affected by this law. The ACLU-West Virginia encouraged other impacted individuals to contact their legal team. West Virginia Attorney General Patrick Morrisey expressed disappointment in the decision and vowed to keep fighting to safeguard Title IX and protect women’s sports. Despite the specific case ruling, the ban remains in place in the state. The court clarified that government officials can separate sports teams by gender assigned at birth and have the authority to police the line between those teams.
The legal and legislative battles over transgender rights, particularly in sports participation, have intensified in recent years. Most Republican-controlled states have passed restrictions on transgender participation in sports, as well as bans on gender-affirming health care for minors. Several states have also restricted transgender individuals’ access to bathrooms and locker rooms, especially in schools. At least 24 states have laws barring transgender girls and women from participating in women’s or girls’ sports competitions. While some bans have been temporarily halted in states like Arizona, Idaho, and Utah, others, including Ohio, are set to take effect soon.
The Biden administration initially planned to address both campus sexual assault and transgender athletes in a new federal Title IX rule. However, the decision was made to split them into separate rules, with the athletics rule currently in limbo. The legal landscape surrounding transgender rights in sports continues to evolve, with ongoing challenges and debates in various states. Despite the court ruling against West Virginia’s transgender sports ban, the broader conversation around transgender inclusion and equality in sports remains a contentious and complex issue in the United States.
