West Virginia Attorney General Patrick Morrisey expressed disappointment after a federal appeals court overturned a state transgender sports ban, which prevented biological males from competing in girls’ sports teams. The court ruled that the ban violated the Equal Protection Clause and Title IX. Morrisey vowed to continue fighting to keep biological males out of girls’ sports, stating that the Save Women’s Sports Act is constitutionally permissible and complies with Title IX. West Virginia was one of 24 states with laws barring biological males from girls’ sports.
The ruling by the 4th U.S. Circuit Court of Appeals blocked a West Virginia law that banned transgender girls from playing on girls’ sports teams. The court stated that the law could not lawfully apply to a middle-school aged trans girl who had been taking puberty-blocking medication and publicly identified as a girl since the third grade. The law, signed in 2021, faced legal challenges, including a lawsuit filed by the American Civil Liberties Union (ACLU) on behalf of a 12-year-old transgender athlete, Becky Pepper Jackson (B.P.J), who would have been kicked off the middle school’s track and field team under the ban.
Judge Toby Heytens, in the court’s opinion, argued that offering B.P.J. a choice between not participating in sports or only participating on boys’ teams was not a real choice. The court and the ACLU supported Jackson’s right to participate in sports as the gender she identified with and recognized her social transition, medical treatment, and work with her schools, teachers, and coaches. The ACLU hailed the court’s decision as a tremendous victory for Jackson and West Virginians, emphasizing the importance of equal participation for transgender athletes in school and community sports.
The court’s decision continues a trend of federal courts ruling against bans on transgender athlete participation and in favor of equal participation based on gender identity. Senior ACLU attorney Joshua Block noted that the case was fundamentally about the equality of transgender youth in schools and communities and expressed gratitude for the Fourth Circuit’s agreement. The legal battle over transgender athlete participation in sports reflects broader societal debates about gender identity and equality, with advocates and opponents of transgender rights advocating for their positions in various arenas.
As the legal and societal debates over transgender athlete participation in sports continue, West Virginia Attorney General Patrick Morrisey and the state’s supporters of the transgender sports ban face challenges in defending their stance. The court’s ruling raises questions about the application of Title IX and the Equal Protection Clause to transgender athletes and underscores the ongoing tensions between inclusion, discrimination, and fairness in sports. The outcome of legal battles and advocacy efforts will have implications for transgender rights, equality, and representation in school and community sports. Advocates on all sides of the issue are likely to continue their efforts to shape policies that impact transgender athletes and their ability to participate in sports based on their gender identity.
