On Thursday, the Supreme Court granted permission for a 12-year-old transgender girl from West Virginia to continue participating in her middle school's female sports teams during the ongoing legal dispute surrounding the state's ban. The girl in question, Becky Pepper-Jackson, is a member of her school's track and cross-country teams and typically ranks near the end of the race.
The court decided not to intervene in an appeals court order that enabled Pepper-Jackson to continue competing. However, Justices Samuel Alito and Clarence Thomas were in favor of allowing West Virginia to enforce its law against her.
Currently, Pepper-Jackson is participating in the outdoor track season and has filed a lawsuit against the Save Women's Sports Act, a law enacted by West Virginia legislators in 2021. A federal appeals court had permitted her to compete while appealing a lower court ruling that supported the West Virginia law.
A recent ban on transgender athletes from international track and field competitions has stirred debate. West Virginia is one of 20 states that prohibit transgender athletes from taking part in sports that align with their gender identity, as reported by the Movement Advancement Project, a pro-LGBTQ rights think tank.
West Virginia Governor Jim Justice, a Republican, also recently signed a bill that bans gender-affirming care for minors. This move is part of a broader trend in Republican-led states attempting to restrict LGBTQ+ rights this year.
The West Virginia law regarding school sports competition prevents transgender athletes from joining female teams. The legislation, signed by Governor Justice, defines male and female by referring to a student's "reproductive biology and genetics at birth." The law applies to middle schools, high schools, and colleges.
Under the legislation, male athletes can participate in male or co-ed teams, while female athletes can join any team.
Tennis legend Martina Navratilova, along with Republican attorneys general from 21 states and numerous female athletes, supported West Virginia in the Supreme Court case.
Initially, U.S. District Court Judge Joseph Goodwin prevented West Virginia from enforcing its law, allowing Pepper-Jackson to compete on girls' teams while the case proceeded. However, Judge Goodwin later determined that the law did not breach the Constitution or Title IX, the 1972 gender equity legislation, and permitted the law to stand during the appeals process.
Lawyers for Pepper-Jackson, referred to as B.P.J. in the lawsuit, appealed the decision. A 2-1 vote by a three-judge panel of the 4th U.S. Circuit Court of Appeals temporarily halted the law while the case is under review. The panel did not provide an opinion on the matter.
The two appeals court judges who voted to suspend the law were Pamela A. Harris, appointed by former President Barack Obama, and Toby J. Heytens, appointed by President Joe Biden. Judge G. Steven Agee, appointed by former President George W. Bush, dissented.
The Supreme Court did not provide any justification for its decision on Thursday. In his dissent, Justice Alito stated, "I would grant the State's application. Among other things, enforcement of the law at issue should not be forbidden by the federal courts without any explanation." Justice Thomas supported the dissent.
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https://abcnews.go.com/Sports/wireStory/court-trans-girl-run-girls-track-west-virginia-98412523
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