A transgender 12-year-old from Virginia can continue to compete on her school’s women’s sports teams, the U.S. Supreme Court ruled Thursday, pending a ban process in that state.
Judges have refused to overturn an appeals court order allowing Becky Pepper-Jackson to continue competing on her school’s track and cross-country teams.
Pepper-Jackson, in the middle of her outdoor track season, filed a lawsuit challenging the “Save the Women’s Sports Act.” [“Lei Salvem o Desporto Feminino”, em português]West Virginia congressmen adopted it in 2021.
A federal appeals court has allowed this young transgender woman to continue running while she appeals a lower court ruling that upheld the West Virginia law. Two weeks ago, transgender athletes were banned from competing in international competitions.
West Virginia is one of 20 states that prohibit transgender athletes from participating in sports consistent with their gender identity, according to the Project for Movement Progress, a pro-LGBTQ think tank. [Lésbica, Gay, Bissexual, Trans e Queer].
West Virginia Governor Jim Justice, a Republican, recently signed legislation banning gender-affirming care for minors, part of an effort to curb LGBTQ+ rights in Republican-led states across the country.
West Virginia’s school athletics law prohibits transgender athletes on girls’ teams. The law, which defines male and female based on a student’s “reproductive biology and genetics at birth,” also applies to middle and high schools and colleges.
According to the law, male athletes can compete in male or mixed teams and female athletes in all teams.
Legendary tennis player Martina Navratilova is among dozens of athletes who have defended the state at the Supreme Court, along with Republican attorneys general from 21 states.
U.S. District Court Judge Joseph Goodwin initially blocked West Virginia from enforcing its law and allowed Pepper-Jackson to compete on the women’s team while the case was filed in court.
However, Goodwin ultimately ruled that the law did not violate the Constitution or Title IX, the landmark 1972 Gender Equality Act.
Goodwin, who was appointed by former President Bill Clinton, ruled that the law will remain in place while appeals are pending.
Lawyers for the young woman appealed the decision, and a three-judge panel of the 4th US Circuit of Appeals voted 1 to 2, issuing no opinion, and suspending the law while it reviews the case.
The Supreme Court also did not provide any justification for Thursday’s verdict.
In the state’s request to uphold the law while it is on appeal, West Virginia argued that “this case involves an issue filled with many different emotions and perspectives.”
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