On Thursday, the U.S. Supreme Court ruled that a 12-year-old transgender girl from West Virginia can continue to compete on her high school’s women’s sports teams pending that state’s ban process.
The judges refused to overturn an appeals court ruling allowing Becky Pepper-Jackson to continue competing on the school’s track and field and cross country teams, where she regularly finishes last.
Pepper-Jackson, who is in the middle of her outdoor running season, has filed a lawsuit to challenge the law, dubbed the Women’s Sports Rescue Act. [“Lei Salvem o Desporto Feminino”, em português]which West Virginia congressmen passed in 2021.
A federal appeals court has allowed this young transgender woman to continue running while she appeals a lower court decision upholding the West Virginia law.
Two weeks ago, athletics banned transgender athletes from international competition.
West Virginia is among 20 states that ban transgender athletes from participating in sports based on their gender identity, according to the Movement Development 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 childcare, part of an effort by Republican-led states across the country to limit LGBTQ+ rights.
West Virginia’s high school athletic competition law prohibits transgender athletes from participating in women’s teams. The law, which defines male and female based on a student’s “reproductive biology and genetics at birth”, applies to middle and high schools as well as colleges.
Under the law, male athletes can compete in men’s or mixed teams, while female athletes can compete in all teams.
Renowned tennis player Martina Navratilova was among the dozens of athletes who supported the state in the Supreme Court, along with Republican attorneys general from 21 states.
U.S. District Court Judge Joseph Goodwin initially barred West Virginia from enforcing his 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 did not violate the Constitution or Title IX, the landmark 1972 gender equality legislation.
Goodwin, appointed by former President Bill Clinton, ruled that the law could remain in effect while appeals were pending.
The young woman’s lawyers appealed the decision, and a three-judge panel in the 4th U.S. Circuit of Appeals voted 2 to 1 without issuing an opinion, suspending the law while the case is being analyzed.
The Supreme Court also did not justify Thursday’s decision.
In the state’s request to keep the law in place while the appeal is pending, West Virginia said that “this case is about a problem with different emotions and points of view.”