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West Virginia Transgender Sports Ban Ruled Discriminatory By Court

West Virginia Attorney General Patrick Morrisey speaks with reporters at the state Capitol in Charleston on Thursday, May 4, 2023 in Charleston, W.Va. In a ruling Tuesday, April, April 16, 2024

A recent ruling by the 4th U.S. Circuit Court of Appeals has determined that West Virginia's transgender sports ban infringes upon the rights of a 13-year-old athlete under Title IX, the federal civil rights law that prohibits sex-based discrimination in schools. The court's 2-1 decision highlighted that the law could not be enforced against a teen who has been openly identifying as a girl since the third grade and has been undergoing medical treatment.

The court emphasized that forcing the athlete to choose between not participating in sports or only joining boys' teams was not a genuine choice. The ruling favored the American Civil Liberties Union, its West Virginia chapter, and LGBTQ interest group Lambda Legal, who challenged the state's ban after it was signed into law by the governor.

The court acknowledged the athlete's social transition, medical treatment, and participation in girls' athletic teams for over five years. It was noted that applying the ban to her would result in unfair treatment based on sex, depriving her of meaningful athletic opportunities.

While the ruling highlighted the discriminatory nature of the law, the Attorney General expressed disappointment and vowed to continue defending it. The court's decision impacts the specific case at hand, with the ban remaining in place for now.

The legal battle over transgender rights in sports has been a focal point in recent years, with numerous states enacting restrictions on participation and gender-affirming healthcare for minors. West Virginia is among the states with laws prohibiting transgender women and girls from competing in certain sports competitions.

Despite the ruling, the broader debate on transgender inclusion in public life continues, with ongoing legal challenges and legislative actions shaping the landscape of sports participation for transgender individuals across the country.

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