A federal appeals court has issued a ruling that halts the enforcement of a West Virginia law which prohibits transgender girls from joining sports teams that match their gender identity. According to the court, this law violates Title IX, a federal statute that aims to prevent sex-based discrimination within educational institutions.
On Tuesday, the Fourth Circuit Court of Appeals made a ruling stating that the state’s “Save Women’s Sports Act” cannot be enforced to prohibit a 13-year-old transgender student from participating in her school’s cross country and track team.
In 2021, a law was passed that requires student-athletes to participate in sports based on their biological gender. This law faced its first challenge from Becky Pepper-Jackson, a 13-year-old transgender girl who is a member of her middle school’s track team. Becky has identified as a girl and has been taking puberty-blocking medication since third grade.
According to the Fourth Circuit, Pepper-Jackson would be compelled to either join an exclusively male sports team or not participate in sports at all, which is an unfair dilemma.
According to the experts, participating on the all-boys team would present unfair competition for her and contradict the treatment for gender dysphoria.
“The Fourth Circuit made it clear that the defendants cannot anticipate BPJ undoing her social transition, medical treatment, and the extensive effort she has put into working with her schools, teachers, and coaches for almost half of her life by identifying herself as a boy to her teammates, coaches, and even opponents.”
Pepper-Jackson secured a victory in the ruling, although the court granted her protections by a narrow margin.
The Fourth Circuit emphasized that schools are not obligated under Title IX to permit every transgender girl to participate in girls’ teams, regardless of whether they have undergone puberty and experienced increased levels of circulating testosterone.
The law in West Virginia faced a challenge from the American Civil Liberties Union (ACLU) and Lambda Legal on behalf of Pepper-Jackson after its enactment.
The law faced an initial injunction by a lower court, but eventually, the court decided to let the law be enforced. Last year, the Fourth Circuit Court of Appeals made the decision to allow Pepper-Jackson to join her school’s track and field team.
The US Supreme Court denied West Virginia’s request for an emergency stay and removal of Pepper-Jackson from the track and field team.
Pepper-Jackson expressed her joy in being part of a team alongside her friends and competing for her school. In a press release, she emphasized her desire to participate in school sports like any other girl, stating that she still has many more years of cross-country and track-and-field ahead of her.
West Virginia’s “Save Women’s Sports Act” is just one example of the increasing number of state laws aimed at restricting transgender women and girls from participating in women’s or girls’ sports teams. Over 20 states have already enacted similar legislation.
In 2020, legislation was passed by House Republicans to implement nationwide regulations preventing transgender girls from participating in sports. However, the bill was not considered by the Democratic-controlled Senate.
