US appeals court rules West Virginia transgender sports ban violates anti-discrimination law

In a groundbreaking decision, the US Court of Appeals for the Fourth Circuit ruled on Tuesday that West Virginia’s ban on transgender girls competing on girls’ sports teams violates Title IX rights. The law, known as the “Save Women’s Sports Act,” prohibits transgender girls from participating in girls’ athletic teams, while allowing them to compete on boys’ teams.

The plaintiff in the case, 13-year-old transgender girl Becky Pepper-Jackson, filed suit against the West Virginia State Board of Education, arguing that the law violated her rights under Title IX and the Fourteenth Amendment. The court found in favor of Pepper-Jackson, stating that the law deprived her of meaningful athletic opportunities and subjected her to emotional and dignitary harm.

While the court did not overrule the law or mandate that all transgender girls be allowed to compete on girls’ teams, it did send the equal protection claim back to the lower court for further review. West Virginia Governor Jim Justice signed the bill into law in April 2021, prompting legal action from the ACLU and LGBTQ+ rights groups on behalf of Pepper-Jackson.

The ruling has sparked both celebration and controversy, with ACLU Legal Director Aubrey Sparks praising the decision as a message of hope for transgender youth, while West Virginia Attorney General Patrick Morrisey announced plans to appeal the ruling in order to protect women’s sports.

West Virginia is one of 24 states with bans on transgender student participation in sports based on their gender identity. The decision in this case could have far-reaching implications for transgender rights in sports across the country.