Supreme Court REJECTS West Virginia’s Ban on Trans Athletes from Female Sports

Despite The “Save Womens Sports Act” The Supreme Court Still Rejected The Case


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The Supreme Court has made a disappointing decision, ruling that transgender athletes in West Virginia can compete on female school sports teams, despite a law prohibiting such athletes from doing so.


The justices denied the state’s emergency request to lift an appeals court’s injunction, allowing a transgender girl to compete on her middle school’s female teams until the three-judge panel reaches a final decision. Governor Jim Justice could not provide a specific example of a transgender athlete with an unfair competitive advantage in his state when asked, but claims that his experience as a girls’ basketball coach led him to believe the legislation is fair.


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The law, known as the “Save Women’s Sports Act,” prohibits transgender female athletes from participating in sports consistent with their gender identity in public elementary schools, high schools, and universities. Although the Supreme Court doesn’t seem to honor this as it goes against the nations current agenda.

The American Civil Liberties Union (ACLU) and Lambda Legal filed a lawsuit alleging that the law is unconstitutional because it discriminates based on sex and transgender status. The state defines “woman” and “girl” as an individual who is “biologically female,” or was assigned female at birth, for the purposes of school sports.


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Despite a preliminary victory in court allowing the transgender girl, Becky Pepper-Jackson, to compete on her school’s female sports teams, the district judge reversed course in January. A divided three-judge panel on the 4th U.S. Circuit Court of Appeals blocked the ban’s enforcement until the panel could consider the dispute in full.


West Virginia Attorney General Patrick Morrisey filed an emergency appeal with the Supreme Court, asking the justices to intervene in the case immediately without oral argument or extensive briefing. Justice Samuel Alito dissented from the decision, stating that the case “concerns an important issue that this Court is likely to be required to address in the near future.”

At least 20 states have enacted laws that bar transgender athletes from competing on sports teams consistent with their gender identity since 2020. West Virginia contended that the injunction lacked any reasoning and would upset the status quo. The state wrote in their brief that “biological differences between males and females matter in sports,” and that both Title IX and the Fourteenth Amendment allow for this judgment.


While Becky asserts that the West Virginia law violates the 14th Amendment’s Equal Protection Clause and Title IX, the state maintains that the law “easily” meets the Supreme Court’s standard for allowing sex-based distinctions.




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