- The ban is in violation of the child’s Title IX rights, according to an appeals court ruling.
- The restrictions, which were signed into law by Gov. Jim Justice in 2021, remain in place
By Mackenzie Tatananni For dailymail.com and Cables
An appeals court has ruled West Virginia’s transgender activities ban violates the rights of a young athlete under Title IX, the federal law prohibiting sex-based bias in classrooms.
On Tuesday, the 4th U. S. The ban was overturned by the Circuit Court of Appeals, which decided that it cannot be applied to Becky Pepper Jackson, age 13.
In February 2023, the prosecutor recently blocked the state’s attempt to remove the girl from her middle college cross-country and track and field team.
Following the lawsuit brought by the American Civil Liberties Union, its West Virginia chapter, and the LGBTQ rights organization Lambda Legal, the state board of education, and their superintendents, the state was sued over this.
But Tuesday’s decision does not reject the restrictions, which were signed into law by Governor Jim Justice in 2021. The regulation could be in purgatory if other transgender student athletes choose to contest it, but it currently only applies to Jackson’s situation.
Jackson has identified as a girl for more than five years, according to the court. She first recognized as a girl in the third grade and has always played for the girls’ sports teams.
The learner has officially changed her name, received a new birth certificate, and is now listed as female. She also has been taking estrogen hormone therapy and puberty blockers.
There is no real choice at all between giving the young a “choice” between not competing in sports and playing just for boys’ teams, according to Judge Toby Heytens in the decision.
The defendants can’t reasonably anticipate that B.P.J. may reverse her social transition, her medical care, and all the work she has done with her institutions, teachers, and mentors for nearly half her life by presenting herself to colleagues, mentors, and also competitors as a boy,’ Heytens wrote.
In a speech, ACLU West Virginia attorney Josh Block deemed the ruling a ‘tremendous success.’
Jackson is the only child already impacted by the law, according to ACLU-West Virginia spokesman Billy Wolfe, but he urged other individuals to contact the group’s legal team if they believe they have been discriminated against.
West Virginia Attorney General Patrick Morrisey declared he was “deeply unhappy” and vowed to fight for Title IX in the wake of the decision.
The law, which was passed more than five years ago, was intended to combat sexual discrimination in learning by ensuring that all people had equivalent opportunities to participate in federally funded programs.
According to Morrisey, “we must continue to work to protect women’s sports so that girls have a level playing field.” We are aware that the law is sound and will use every tool we have to defend it.’
The appeals court reaffirmed in the decision that government officials had the authority to establish separate sports teams for boys and girls and to establish a line between them.
We also disapprove of Title IX’s requirement that all transgender girls be allowed to play on girls’ teams, regardless of whether they went through puberty or had circulating testosterone levels that were elevated, the court declared.
We only contend that the district court erred by failing to grant B’s request for summary judgment and by granting these defendants’ motions for summary judgment in this particular case. P.J. on her specific Title IX claim.’
In a dissenting opinion, Judge G. According to Steven Agee, the state can separate teams based on the gender that was given at birth, “without violating either the Equal Protection Clause or Title IX.” ‘
West Virginia is one of the 24 states that forbid transgender women and girls from competing in sports that reflect their gender identity.
The Biden administration originally intended to introduce a new federal Title IX rule that addresses transgender athletes on campuses and campus sexual assault, but they were instead split into two separate regulations.
