A transgender flag is waved at a protest for transgender gay pride.
Correction: West Virginia’s restrictions on transgender individuals joining activities groups discriminated against a middle school sprinter, an appeals court ruled Tuesday. This article’s past article contained inaccurate information.
A lower court’s decision on Tuesday overturned a lower court’s decision that West Virginia’s law prohibits trans athletes from playing for sports teams because they discriminate against them.
Shortly after it became law, the American Civil Liberties Union (ACLU) filed a lawsuit against the measure, alleging that it discriminated against trans kids. Becky Pepper-Jackson, a track athlete in seventh grade, was the subject of the lawsuit brought by the organization.
The ACLU argued that Pepper-Jackson should be able to compete because she had never experienced male puberty and had not had the opportunity to compete against female athletes.
Toby Heytens, a prosecutor for the Fifth Circuit, backed the ACLU, overturning a lower court’s decision and going one step further by claiming that the legislation violates Title IX protections. Pepper-Jackson was first allowed to compete on the school’s track group, but a district court later overturned its decision early next year.
In the administrative ruling on Tuesday, Heytens wrote, “The Act’s single purpose — and its only impact” is to prevent transgender girls from playing on female teams.
“Offering B. P. J. a ‘choice’ between not participating in sports and participating only on boys teams is no real choice at all,” he continued. The plaintiffs may reasonably 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.”
According to Heytens, Pepper-Jackson was treated “worse than” various sports because she is transgender, concluding that the state’s efforts to ban the middle schooler from her record crew were sexist and in contravention of Title IX.
“By participating on boys teams, B. P. J. because of the higher levels of circulating testosterone she lacks, he wrote, would be sharing the field with boys who are bigger, stronger, and faster than her. Thus, B. is exposed by the Act. P. J. to the very harms Title IX is meant to prevent by effectively ‘exclud[ing]’ her from ‘participation in’ all non-coed sports entirely.”
Heytens, who was appointed by President Biden, was joined in the decision by Judge Pamela Harris, an Obama appointee. Judge Steven Agee was chosen by George W. Bush as president. Bush concurred in allowing Pepper-Jackson to compete but dissented in the court’s Title IX decision.
The same court prevented the law from being enforced at the beginning of the year. The Supreme Court forbade a hearing in the case.
The judges of the appeals court made it clear that Pepper-Jackson’s claims were unique to their ruling.
We also do not believe that Title IX mandates that all transgender girls be allowed to play on girls’ teams, regardless of whether they have gone through puberty or had elevated circulating testosterone levels, the court wrote.
We only contend that the district court erred by denying B’s request for summary judgment and granting these defendants’ motions for summary judgment in this particular case. P. J. on her specific Title IX claim.”
Tuesday’s ruling was lauded by the ACLU as a victory for transgender West Virginians.
The transgender youth of West Virginia are being impacted by today’s ruling, according to ACLU of West Virginia Director Aubrey Sparks in a statement. And a letter of caution to politicians who continue to dehumanize this vulnerable population.”
West Virginia Attorney General Patrick Morrisey (R) vowed to “continue the fight” to enforce the legislation.
“I am deeply disappointed in the court’s divided decision today,” Morissey said in a statement. “The Save Women’s Sports Act is ‘constitutionally permissible’ and the law complies with Title IX.”
I’ll continue to fight to keep Title IX safe. We must keep working to protect women’s sports so that women’s safety is secured and girls have a truly fair playing field,” he continued. We are aware that the law is sound and will use every tool we have to defend it.”
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