West Virginia's trans sports ban discriminates against teen athlete, appeals ... trends now
View
comments
An appeals court has ruled West Virginia’s transgender sports ban violates the rights of a teen athlete under Title IX, the federal law prohibiting sex-based discrimination in schools.
On Tuesday, the 4th U.S. Circuit Court of Appeals ruled the ban cannot be applied to 13-year-old Becky Pepper Jackson.
The court previously blocked the state’s attempt to kick the teen from her middle school cross-country and track and field teams in February 2023.
This came after the American Civil Liberties Union, its West Virginia chapter and LGBTQ interest group Lambda Legal sued the state, country boards of education and their superintendents.
However, Tuesday's decision does not overturn the ban, which was signed into law by Governor Jim Justice in 2021. For now, it applies only to Jackson's case - but the law could be in limbo if other transgender student athletes choose to challenge it.
An appeals court has ruled that West Virginia's transgender sports ban violates the rights of a 13-year-old athlete under Title IX (pictured: a protest at the state capitol in Charleston in 2023)
Tuesday's decision does not overturn the ban, which was signed into law by Governor Jim Justice in 2021; rather, it applies only to the case of Becky Pepper Jackson
The court noted Jackson has lived as a girl for over five years. She began identifying as female in the third grade and has participated strictly on girls' sports teams.
In addition to taking puberty blockers and estrogen hormone therapy, the student has legally changed her name, and the state of West Virginia has issued her a birth certificate listing her as female.
Offering the teen a 'choice' between not participating in sports and participating only on boys' teams 'is no real choice at all,' Judge Toby Heytens wrote in the ruling.
'The defendants cannot expect that B.P.J. will countermand
