Federal appeals court overturns West Virginia’s transgender sports ban
West Virginia Attorney General Patrick Morrisey, a Republican who argued the case on behalf of the state, said in a statement that he was âdeeply disappointedâ in the decision and vowed to fight to keep the law in place.
âWe must keep working to protect womenâs sports so that womenâs safety is secured and girls have a truly fair playing field,â he said. âWe know the law is correct and will use every available tool to defend it.â
The debate over whether transgender athletes should compete in sports that align with their gender identities continues to be a lightning-rod issue within the nationâs culture wars.Â
West Virginia Gov. Jim Justice, a Republican, signed the stateâs transgender sports bill into law in 2021, making West Virginia one of the first states to restrict trans athletes. Now, it is one of 24 states to have passed such legislation, according to the Movement Advancement Project, a think tank that tracks policies affecting the LGBTQ community. Temporary injunctions are blocking some of the laws, including those in Arizona, Idaho and Utah, according to MAP.Â
Proponents of the measures have argued that trans girls and women have biological advantages over cisgender girls and women, making their inclusion in girlsâ and womenâs sports unfair and potentially dangerous.Â
In his dissent in Tuesdayâs ruling, Judge G. Steven Agee appeared to agree.
âBy continuing to allow B.P.J.âand transgender girls like B.P.J.âto participate on girlsâ teams, the number of displaced biological girls will expand exponentially,â Agee wrote. âFurther, as the spots on teams become more limited, B.P.J. will prevent other biological girls from participating on the teams altogether, thereby denying them any athletic opportunity.â
Opponents have framed the laws as a discriminatory restriction to deter trans people from playing sports.Â
Pepper-Jackson has been allowed to participate on her schoolâs girlsâ cross-country team since the appeals court temporarily halted the law from taking place in February 2023.Â
âI want to keep going because this is something I love to do, and Iâm not just going to give it up,â she previously told NBC News. âThis is something I truly love, and Iâm not going to give up for anything.â