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Transgender Athlete Wins Landmark Case in West Virginia
CHARLESTON, West Virginia — In a groundbreaking decision, a federal appeals court in West Virginia has ruled against a state law banning transgender females from participating in girls and women’s sports in public schools and colleges. This ruling allows a 13-year-old transgender girl, Becky Pepper-Jackson, to compete with her middle school’s cross country and track teams.
The Case of Becky Pepper-Jackson
Becky Pepper-Jackson, an eighth-grader at Bridgeport Middle School in Bridgeport, W.Va., challenged the ban when it was enacted in 2021. Pepper-Jackson has identified as a transgender girl since she was in the third grade and takes puberty-blocking medications. The Fourth Circuit Court of Appeals ruled the West Virginia law is a violation of Title IX, which protects people from discrimination based on sex in education programs or activities that receive federal financial assistance.
Legal Battle and Victory
In February 2023, the court blocked the state’s bid to kick Pepper-Jackson off her middle school cross country and track teams if the law were enforced. The American Civil Liberties Union, its West Virginia chapter, and LGBTQ interest group Lambda Legal were all involved in the lawsuit against the state, county boards of education, and their superintendents.
State Response
Reuters reports the court did not completely strike down the West Virginia law. West Virginia Attorney General Patrick Morrisey said the state plans to continue defending the ban. “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 said, according to NBC News. “We know the law is correct and will use every available tool to defend it.”
Final Thoughts
“This is a tremendous victory for our client, transgender West Virginians, and the freedom of all youth to play as who they are,” ACLU West Virginia attorney Joshua Block said in a statement. The ruling sets a precedent for transgender inclusion in school sports and upholds the rights of individuals to participate based on their gender identity.
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