Close Menu
    Facebook X (Twitter) Instagram
    • Home
    • About Us
    • Digital Subscription
    • Advertisement
    • Contact Us
    Facebook X (Twitter) Instagram
    The Tennessee TribuneThe Tennessee Tribune
    Advertise With Us
    • Home
      • COVID-19 Resource Center
        • Dr. Henry Louis Gates’ PSA Radio
      • Featured
    • News
      • State
      • Local
      • National/International News
      • Global
      • Business
        • Commentary
        • Finance
        • Local Business
      • Investigative Stories
        • Affordable Housing
        • DCS Investigation
        • Gentrification
    • Editorial
      • National Politics
      • Local News
      • Local Editorial
      • Political Editorial
      • Editorial Cartoons
      • Cycle of Shame
    • Community
      • History
      • Tennessee
        • Chattanooga
        • Clarksville
        • Knoxville
        • Memphis
      • Public Notices
      • Women
        • Let’s Talk with Ms. June
    • Education
      • College
        • American Baptist College
        • Belmont University
        • Fisk
        • HBCU
        • Meharry
        • MTSU
        • University of Tennessee
        • TSU
        • Vanderbilt
      • Elementary
      • High School
    • Lifestyle
      • Art
      • Auto
      • Tribune Travel
      • Entertainment
        • 5 Questions With
        • Books
        • Events
        • Film Review
        • Local Entertainment
      • Family
      • Food
        • Drinks
      • Health & Wellness
      • Home & Garden
      • Featured Books
    • Religion
      • National Religion
      • Local Religion
      • Obituaries
        • National Obituaries
        • Local Obituaries
      • Faith Commentary
    • Sports
      • MLB
        • Sounds
      • NBA
      • NCAA
      • NFL
        • Predators
        • Titans
      • NHL
      • Other Sports
      • Golf
      • Professional Sports
      • Sports Commentary
      • Metro Sports
    • Media
      • Video
      • Photo Galleries
      • Take 10
      • Trending With The Tribune
    • Classified
    • Obituaries
      • Local Obituaries
      • National Obituaries
    The Tennessee TribuneThe Tennessee Tribune
    National

    West Virginia can’t ban transgender athletes

    Article submittedBy Article submittedApril 18, 2024No Comments5 Mins Read
    Facebook Twitter LinkedIn Telegram Pinterest Tumblr Reddit Email
    Screenshot
    Share
    Facebook Twitter LinkedIn Pinterest Email

    CHARLESTON, WV —West Virginia’s transgender sports ban violates the rights of a teen athlete under Title IX, the federal civil rights law that prohibits sex-based discrimination in schools, an appeals court ruled Tuesday.

    The 4th U.S. Circuit Court of Appeals ruled 2-1 that the law cannot be applied to a 13-year-old who has been taking puberty-blocking medication and publicly identified as a girl since she was in the third grade.

    In February 2023, the court had blocked the state’s bid to kick Becky Pepper Jackson off her middle school cross country and track and field teams if the law were enforced.

    Judge Toby Heytens wrote that offering her a “choice” between not participating in sports and participating only on boys teams “is no real choice at all.”

    “The defendants cannot expect that B.P.J. will countermand her social transition, her medical treatment, and all the work she has done with her schools, teachers, and coaches for nearly half her life by introducing herself to teammates, coaches, and even opponents as a boy,” Heytens wrote.

    The court ruled in favor of the American Civil Liberties Union, its West Virginia chapter and LGBTQ interest group Lambda Legal. They sued the state, county boards of education and their superintendents in 2021 after Republican Gov. Jim Justice signed the bill into law.

    “This is a tremendous victory for our client, transgender West Virginians, and the freedom of all youth to play as who they are,” ACLU West Virginia attorney Joshua Block said in a statement.

    The court noted that Jackson has been living as a girl for over five years and changed her name, and the state of West Virginia has issued her a birth certificate listing her as female. The court said she takes puberty-blocking medication and estrogen hormone therapy. Starting in elementary school, she has participated only on girls’ athletic teams.

    “B.P.J. has shown that applying the act to her would treat her worse than people to whom she is similarly situated, deprive her of any meaningful athletic opportunities, and do so on the basis of sex. That is all Title IX requires,” Heytens wrote.

    While the ruling makes clear that the law is discriminatory, ACLU-West Virginia spokesperson Billy Wolfe said in a statement, “as far as we know, our client is the only child currently impacted by this law. If others find themselves in this situation, we encourage them to contact the ACLU-WV legal team.”

    West Virginia Attorney General Patrick Morrisey was “deeply disappointed” in the decision, the Republican said. His office said except for the specific case decided Tuesday, the ban remains in place.

    “I will keep fighting to safeguard Title IX. We must keep working to protect women’s sports so that women’s safety is secured and girls have a truly fair playing field,” Morrisey said. “We know the law is correct and will use every available tool to defend it.”

    In January 2023, a federal judge dissolved a preliminary injunction that was granted in July 2021. The judge also ruled the state’s transgender law did not violate Title IX.

    The appeals court noted it did not find that government officials are barred from establishing separate sports teams for boys and girls or that they lacked authority to police the line drawn between those teams.

    “We also do not hold that Title IX requires schools to allow every transgender girl to play on girls teams, regardless of whether they have gone through puberty and experienced elevated levels of circulating testosterone,” the court wrote. “We hold only that the district court erred in granting these defendants’ motions for summary judgment in this particular case and in failing to grant summary judgment to B.P.J. on her specific Title IX claim.”

    Dissenting Judge G. Steven Agee wrote that the state can separate teams by gender assigned at birth “without running afoul of either the Equal Protection Clause or Title IX.”

    Sports participation is one of the main fronts in legislative and legal battles in recent years over the role of transgender people in U.S. public life. Most Republican-controlled states have passed restrictions on participation, as well as bans on gender-affirming health care for minors. Several have also restricted which bathrooms and locker rooms transgender people can use, particularly in schools.

    West Virginia is one of at least 24 states with a law on the books barring transgender women and girls from competing in certain women’s or girls sports competitions.

    The bans are in effect in Alabama, Arkansas, Florida, Indiana, Iowa, Kansas, Kentucky, Louisiana, Mississippi, Missouri, Montana, North Carolina, North Dakota, Oklahoma, South Carolina, South Dakota, Tennessee, Texas and Wyoming.

    In addition to West Virginia, judges have temporarily put enforcement of the bans on hold in Arizona, Idaho and Utah. But the 2nd Circuit revived a challenge last year to Connecticut’s policy of letting transgender girls compete in girls sports, sending it back to a lower court without ruling on its merits.

    A ban in Ohio is to take effect later this month.

    The Biden administration originally planned to release a new federal Title IX rule addressing both campus sexual assault and transgender athletes. Earlier this year, the department decided to split them into separate rules, and the athletics rule now remains in limbo.

    Share. Facebook Twitter Pinterest LinkedIn Tumblr Email
    Article submitted

    Related Posts

    ‘Fundamentally flawed’: Outrage follows Baptist leaders accepting Target donation

    June 30, 2025

    MAGA Pastor Brags About Receiving $10,000 For Supporting Trump

    June 30, 2025

    Federal Raids Target Migrant Kids, Split Families

    June 21, 2025

    Protests of a Costly and Historic Parade

    June 21, 2025

    JUNETEENTH SHOULD BE AN IMPETUS TO HEAL FROM LEGACIES OF ENSLAVEMENT, SAYS THE GLOBAL CIRCLE FOR REPARATIONS AND HEALING

    June 21, 2025

    10 Drugs That Affect Darker Skin Differently—And Why It Matters

    June 21, 2025

    Comments are closed.

    Business

    Charlotte Knight Griffin Takes Office as TBA President-Elect

    June 30, 2025

    EXCLUSIVE OP-ED: President Joe Biden Commemorating Juneteenth

    June 19, 2025

    FUNdraising Good Times Report from Neighborhoods USA Conference in Jacksonville

    June 4, 2025
    1 2 3 … 384 Next
    Education
    Education

    Austin Peay’s MPH program receives $27K for childhood literacy initiative. Community LIFT Project to be implemented at Head Start centers this fall

    By Ethan SteinquestJune 30, 2025

    CLARKSVILLE, Tenn. – Austin Peay State University’s Master of Public Health program is on a…

    TSU, State, reach agreement to reallocate $96M to school

    June 26, 2025

    TSU student lands prestigious internship at Harvard Medical School

    June 25, 2025

    FAMU stakeholders file lawsuit to prevent Marva Johnson’s confirmation as the university’s 13th President

    June 21, 2025
    The Tennessee Tribune
    Facebook X (Twitter) Instagram
    • About Us
    • Digital Subscription
    • Store
    • Advertise With Us
    • Contact
    © 2025 The Tennessee Tribune - Site Designed by No Regret Media.

    Type above and press Enter to search. Press Esc to cancel.

    Our Spring Sale Has Started

    You can see how this popup was set up in our step-by-step guide: https://wppopupmaker.com/guides/auto-opening-announcement-popups/