The US Supreme Court ruled Thursday that a 12-year-old transgender girl from West Virginia can continue to compete on her high school’s girls’ sports teams, pending the ban process in that state.
Judges have refused to overturn an appeals court order allowing Becky Pepper-Jackson to continue competing on her school’s track and cross country teams, where she usually finishes last.
Pepper-Jackson, who is in the middle of her outdoor running season, filed a lawsuit to challenge the law, called the “Save Women’s Sports Act.” [“Lei Salvem o Desporto Feminino”, em português]that West Virginia congressmen adopted in 2021.
A federal appeals court has allowed the young transgender woman to continue to appear while she appeals a lower court ruling upholding the West Virginia law.
Two weeks ago, athletics banned transgender athletes from participating in international competitions.
West Virginia is among 20 states that ban transgender athletes from participating in sports consistent with their gender identity, according to the Movement Advancement Project, a pro-LGBTQ think tank. [Lésbica, Gay, Bissexual, Trans e Queer].
West Virginia Gov. Jim Justice, a Republican, also recently signed legislation banning gender-affirming child care, as part of an effort in Republican-led states across the country to curb LGBTQ+ rights.
West Virginia’s school athletic competition law prohibits transgender athletes from girls’ teams. The law, which defines men and women by looking at a student’s “reproductive biology and genetics at birth,” applies to middle and high schools, as well as universities.
According to the law, male athletes can compete on men’s or mixed teams and female athletes can compete on all teams.
Renowned tennis player Martina Navratilova was among dozens of athletes who supported this state on the Supreme Court, along with Republican attorneys general from 21 states.
US District Court Judge Joseph Goodwin initially barred West Virginia from enforcing its law and allowed Pepper-Jackson to compete on the women’s teams while the case continued in court.
However, Goodwin ultimately ruled that the law does not violate the Constitution or Title IX, the landmark 1972 gender equality legislation.
Goodwin, an appointee of former President Bill Clinton, ruled that the law could remain in effect while appeals are carried out.
The young woman’s lawyers appealed this decision and a three-judge panel of the 4th US Circuit Court of Appeals voted 2 to 1, without issuing an opinion, suspending the law while it considers the case.
The Supreme Court also did not provide any justification for Thursday’s decision.
In the state’s request to keep the law in place while the appeal is running, West Virginia argued that “this case involves an issue charged with different emotions and perspectives.”
Source: TSF
