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.
BREAKING: The U.S. Supreme Court has rejected West Virginia's request to enforce its law banning men from female sports teams.
— Charlie Kirk (@charliekirk11) April 6, 2023
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.
Supreme Court declined West Virginia emergency request to vacate a lower court order blocking the state from fully enforcing its "Save Women's Sports Act" law that bans transgender athletes from competing on female sports teams while an appeal courts reviews its constitutionality
— Mona Salama (@MonaSalama_) April 6, 2023
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.
IMPORTANT qualifier: “As a result, a law enacted in 2021 called the Save Women’s Sports Act cannot be enforced against 12-year-old transgender girl Becky Pepper-Jackson while litigation continues.
Two of the court’s conservative justices, Samuel Alito and Clarence Thomas, noted…
— ??? ??????? ??????? ??? (@AgelessAdaline) April 6, 2023
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.
I believe the ruling only states that the Save Women’s Sports Act cannot be enforced against 12-year-old transgender girl Becky Pepper-Jackson while litigation continues.
— DottieSilentNoMore (@DottieFincham) April 6, 2023
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.
BREAKING: SCOTUS denies cert for the West Virginia trans sports ban case. This should not be unusual since this case has still not been heard on the merits at the 4th circuit. Granting cert or striking down the 4th circuits stay would be would be highly out of the ordinary. pic.twitter.com/L1zVbIiMcK
— Alejandra Caraballo (@Esqueer_) April 6, 2023
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.
BREAKING: Supreme Court lets transgender girl remain on middle-school track team. Justices Alito, Thomas dissent. It's the first time the court has acted on a wave of new state restrictions on athletic participation.
— Greg Stohr (@GregStohr) April 6, 2023
The US Supreme Court has denied West Virginia's request to enforce an anti-trans sports ban against a trans athlete.
— Buzz Burbank (@MichaelJElston) April 6, 2023