West Virginia can’t ban transgender athletes says federal court

A federal appeals court has ruled that transgender students in West Virginia may play on sports teams that align with their gender identity. In a landmark decision on Tuesday, the 4th U.S. Circuit Court of Appeals ruled against a West Virginia law that prohibited transgender girls from participating in girls’ sports teams, deeming it a violation of Title IX, which bars sex-based discrimination in education.

The Associated Press reports that this ruling impacts the case of 13-year-old Becky Pepper Jackson, who has identified as a girl since the third grade and is undergoing puberty-blocking treatment.

According to the AP, in February 2023, an interim court decision prevented the state from barring Jackson from her middle school track and field team under this law. Judge Toby Heytens, in his ruling, emphasized that the so-called choice between not playing sports or playing on boys’ teams offered no genuine option. “B.P.J. has been recognized by her community and legally changed her name, and West Virginia has issued a birth certificate listing her sex as female,” Heytens wrote, supporting the view that denying her participation in girls’ teams was discriminatory.

Lambda Legal, representing Becky, highlighted the discriminatory nature of the law.

“West Virginia’s effort to ban one 13-year-old transgender girl from joining her teammates on the middle school cross country and track team was singling out Becky for disparate treatment because of her sex,” said Lambda Legal staff attorney Sruti Swaminathan. “That’s discrimination, pure and simple, and we applaud the court for arriving at this just decision,” she added.

Joshua Block, senior staff attorney for the American Civil Liberty Union’s LGBTQ & HIV Project, celebrated the broader implications of the ruling. “This is a tremendous victory for our client, transgender West Virginians, and the freedom of all youth to play as who they are,” said Block. “It also continues a string of federal courts ruling against bans on the participation of transgender athletes and in favor of their equal participation as the gender they know themselves to be. This case is fundamentally about the equality of transgender youth in our schools and our communities, and we’re thankful the Fourth Circuit agreed.”

West Virginia Attorney General Patrick Morrisey expressed deep disappointment and vowed to continue defending the law.

“We must protect women’s sports to ensure safety and fair competition for girls,” Morrisey stated, indicating potential further appeals, according to the AP.

The ruling reflects broader national debates and legal battles over transgender rights in sports, healthcare, and public accommodations. This decision aligns West Virginia with states like Arizona, Idaho, and Utah, where similar bans have been temporarily blocked, while states like Alabama and Texas continue to enforce such prohibitions.

The legal victory in West Virginia may influence other ongoing legal challenges across the United States. More than two dozen states have enacted similar laws targeting transgender participation in sports, and this ruling could serve as a precedent, potentially prompting reevaluation of these laws under Title IX considerations. Advocacy groups and civil rights lawyers are closely monitoring these developments, hopeful that the tide may turn in favor of inclusivity and equal rights for transgender athletes at the school level.

Aubrey Sparks, legal director of the ACLU of West Virginia, conveyed a message of hope and caution following the decision. “We hope today’s ruling sends a message of hope to the trans youth of West Virginia and a message of warning to politicians who continue to dehumanize this vulnerable population,” Sparks said.