In a landmark decision, the 4th U.S. Circuit Court of Appeals ruled that West Virginia’s transgender sports ban violates the rights of a 13-year-old athlete under Title IX, the federal civil rights law prohibiting sex-based discrimination in schools.
The court’s ruling, passed by a 2-1 majority, stated that the law cannot be applied to the athlete, identified as Becky Pepper Jackson, who has been publicly identifying as a girl and receiving medical treatment since the third grade.
The decision comes as a culmination of legal battles initiated by the American Civil Liberties Union (ACLU), its West Virginia chapter, and LGBTQ interest group Lambda Legal, who sued the state after Governor Jim Justice signed the bill into law.
Judge Toby Heytens, writing for the majority, emphasized that applying the law to Jackson would deprive her of meaningful athletic opportunities and treat her unfairly based on her gender identity.
“This is a tremendous victory for our client, transgender West Virginians, and the freedom of all youth to play as who they are,” stated ACLU West Virginia attorney Joshua Block.
The court noted Jackson’s social transition over the past five years, including legal name change and medical treatment. It highlighted that Jackson has only participated on girls’ athletic teams since elementary school.
West Virginia Attorney General Patrick Morrisey expressed disappointment with the ruling, emphasizing the importance of safeguarding Title IX and protecting women’s sports. However, Morrisey’s office clarified that, except for the specific case decided, the ban remains in effect.
In a dissenting opinion, Judge G. Steven Agee argued that the state’s separation of teams by gender assigned at birth does not violate the Equal Protection Clause or Title IX.
The decision adds to ongoing debates surrounding transgender rights and participation in sports, with similar bans enacted in over 24 states. While some bans have been temporarily halted by courts, challenges persist across the country.
The Biden administration’s plans to address transgender athletes’ participation in sports under Title IX remain in limbo, reflecting the complexity and divisiveness of the issue.
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