West Virginia Attorney General announced plans to appeal a recent 4th U.S. Circuit Court of Appeals decision allowing a transgender middle school athlete to compete on girls' teams. The ruling found that the state's transgender sports ban violated Title IX rights of the athlete, who has been living as a girl for over five years and has been issued a female birth certificate.
The court's decision was in favor of the ACLU, Lambda Legal, and the West Virginia LGBTQ group, who sued the state after Governor Jim Justice signed the ban into law. The athlete, Becky Pepper Jackson, has been taking puberty-blocking medication and hormone therapy and has participated in girls' sports since elementary school.
The appeals court blocked the state's attempt to remove Jackson from her middle school teams, leading to her recent success in shot put and discus events at a county championship. However, five competitors from a rival school refused to compete against her, sparking controversy.
Supporters of the transgender athlete argue that she should be allowed to fully participate in school activities and sports events. On the other hand, opponents, including the Attorney General, claim that allowing transgender athletes to compete in girls' sports would be unfair due to perceived physical advantages.
This case reflects broader debates over transgender rights in public life, with many states enacting restrictions on sports participation and gender-affirming healthcare for minors. West Virginia is among the states with laws barring transgender women and girls from certain sports competitions.
The Biden administration's proposed federal Title IX rule addressing transgender athletes remains pending. The Attorney General plans to file the state's case with the U.S. Supreme Court in the coming month, emphasizing the need to uphold the state's ban on transgender athletes in girls' sports.
