A federal appeals court on Tuesday overturned a West Virginia law that prohibited transgender girls from competing against biological girls in sports.
The 2-1 ruling came from the 4th U.S. Circuit Court of Appeals. The ruling found the law violated Title IX – in favor of the American Civil Liberties Union, its West Virginia chapter and Lambda Legal.
The court said the law cannot be applied to Becky Pepper-Jackson, a 13-year-old girl who had been taking puberty blockers and has identified as a girl since the third grade.
"This is a tremendous victory for our client, transgender West Virginians, and the freedom of all youth to play as who they are," ACLU West Virginia attorney Joshua Block said.
West Virginia’s "Save Women’s Sports Act" was signed into law in 2021. The law ordered student-athletes to compete and play against those of their biological gender. Lawyers for the girl originally had sued the school board after Gov. Jim Justice signed the bill into law, claiming it violated the 14th Amendment and protections under Title IX.
The Supreme Court ruled last April that the transgender girl could compete with biological girls on the middle school’s girls' sports teams. Supreme Court justices refused to disturb an appeals court order that made it possible for the girl to continue playing on her school’s track and cross-country teams. Justices Samuel Alito and Clarence Thomas dissented from the decision.West Virginia was one of at least 24 states that had laws barring transgender women and girls from competing against the gender they identify as.
"I will keep fighting to safeguard Title IX. We must keep working to protect women’s sports so that women’s safety is secured and girls have a truly fair playing field," West Virginia Attorney General Patrick Morrisey said. "We know the law is correct and will use every available tool to defend it."
@ISIDEWITH2wks2W
Do you believe that including transgender athletes in sports teams of their identified gender gives them an unfair advantage or levels the playing field?
@9LLK9DP2wks2W
No originally male athlete should ever be able to participate in a female sport because at the end of the day you are what you are and you cannot change your physical capabilty so if a transgender was to play a female sport it would be extremely unfair. maybe to counter that we should make a league for specifically transgender players so it doesn't effect the fairness of the sport
@9LLK7TP2wks2W
I do not believe that transgender athletes in an Olympic or major league level should play in the category they transitioned into because they have a biological unfair advantage. Even in high school, if they are better than other students, they could get unfair scholarships to college than another student who can't compete at their level. This seems to be an issue more so in women's sports, you never see a transitioned man competing in men's sports, it only really happens in women's sports. I think women have a right to speak out against it.
@9LLK6YH2wks2W
distinctions in sports should be based on sex not gender identity
@9LLK3DY2wks2W
Transgenders should not be allowed in sports.
@ISIDEWITH2wks2W
Should protecting the rights of transgender athletes be a priority even if it might challenge traditional views of gender in sports?
We should protect all transgender rights and individuals.
I believe at certain age, you still had testosterone inside of your body, and that does affect how you play, especially if you were biologically a boy, and transitioning to a girl.
@9LLGHLW2wks2W
I think that even though there has been a standard set for gender in sports new standards should be set as the world progresses and we should protect the rights of trans people in sports.
We should stop worrying about what people are doing with their lives and focusing on more important issues.
@ISIDEWITH2wks2W
What does 'fairness' in sports mean to you, and how should it apply to transgender athletes?
@9LLJW772wks2W
I believe Biologically that you should stay on that team, unfortunate to say but genetics say that man is superior to woman when it comes to physical strength so it would be unfair when it comes to woman sports.
@9LLJ6WF2wks2W
It's not that deep just let everyone play a sport.
@9LLF6TZ2wks2W
Trans should have their own group
@9LLDGF32wks2W
transgenders should stay in the sport of the gender they were assigned at birth
@ISIDEWITH2wks2W
@ISIDEWITH2wks2W
@9LLDP2M2wks2W
I think that it's an unfair advantage to the others playing the sport. its a completely different gene pool and isn't fair
Absolutely no biological reason or psychological reason for this to be over turned. Men are men and women are women physiologically.
Thank God the idea that this girl's chromosomes make her a threat to any other girl's is absolutely ludicrous. She is a girl. She runs with the girls.
A step in the right direction towards inclusivity and equality
@TwoPartyTigerPatriot2wks2W
Absolutely no biological reason or psychological reason for this to be over turned. Men are men and women are women physiologically.
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