West Virginia’s laws prohibiting trans athletes from playing on teams that reflect their female identity have been overturned by a federal appeals court.
According to the Fourth Circuit Court of Appeals’ decision, the law violates Title IX, which protects against sex-based prejudice in classrooms.
The courts argued that the restrictions may be legally applied to a 13-year-old woman who has publicly identified herself as a girl for years to prevent her from playing sports.
West Virginia State Capitol building in Charleston, W. Va. Property PHOTO/Getty Images“Offering B.P.J. There is no real choice between not competing in sports and playing just for males’ teams,” according to the view.
It continued, “The plaintiffs may believe that B.P.J. will countermand her social change, her medical care, and all the work she has done with her schools, instructors, and coaches for roughly half her life by introducing herself to teammates, coaches, and even opponents as a child.”
The plaintiffs in the case, including the West Virginia State Board of Education and the State of West Virginia, argued that sports are differentiated based on the biological differences of those who were born either male or female.
They added that a trans teen’s participation on a boys’ team would not be “strange” because, according to a court filing, “many women and girls throughout West Virginia and the country have long sought to compete on boys’ teams because they want a higher level of competition,” the state’s filing read.
It continued, “A woman competing on the boys’ team need not be unusual or unpleasant because it is far from a special event.”
The Fourth Circuit Court of Appeals’ determination was applauded by LGBT rights and legal privileges activists.
“This is a great success for our customer, transgender West Virginians, and the freedom of all children to sing as who they are,” said Joshua Block, top staff attorney for the ACLU’s LGBTQ & HIV Project. Additionally, it follows a number of federal court decisions that favor trans athletes’ similar contribution as the female they know themselves to be. We’re grateful that the Fifth Circuit agreed with our situation because it’s primarily about the fairness of transgender youth in our schools and communities.”
West Virginia Gov. In 2021, Jim Justice signed the trans-sports ban into rules. According to the Movement Advancement Project, it is one of the 25 states that outlaw trans participation in activities.
