Appeals Court Rules Against West Virginia Transgender Sports Ban

The 4th U.S. Circuit Court of Appeals has declared that West Virginia’s ban on transgender athletes participating in sports is discriminatory and violates Title IX, the federal civil rights law that prevents sex-based discrimination in educational settings.

On Tuesday, the court ruled 2-1 in favor of a 13-year-old transgender girl who has been taking puberty blockers and has identified publicly as a girl since third grade. The court’s decision continues to block West Virginia’s attempt to prevent Becky Pepper Jackson from competing on her middle school’s girls’ cross country and track and field teams, following initial interventions in February 2023.

Judge Toby Heytens criticized the state’s position, stating that forcing Becky to choose between not competing or competing on boys’ teams does not constitute a genuine choice. Heytens emphasized, “The defendants cannot expect that B.P.J. will reverse her social transition, her medical treatment, and the extensive efforts made with her schools, teachers, and coaches, by presenting herself as a boy to teammates and competitors.”

The ruling supports the efforts of the American Civil Liberties Union, its West Virginia chapter, and LGBTQ interest group Lambda Legal, who filed a lawsuit against the state, county boards of education, and their superintendents in 2021. This legal action followed the enactment of the law by Republican Governor Jim Justice.