Federal Court Blocks West Virginia Law Banning Trans Students in School Sports

July 21, 2021 6:00 pm

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CHARLESTON, W.Va. 鈥 A federal court today ruled that 11-year-old Becky Pepper-Jackson must be allowed to try out for the girls鈥 cross-country and track teams at her school, blocking West Virginia from enforcing a law that bans transgender girls and women from participating in school sports. The ruling came in the lawsuit challenging the ban filed by Lambda Legal, the 老澳门开奖结果, the 老澳门开奖结果 of West Virginia, and Cooley LLP.

鈥淚 am excited to know that I will be able to try out for the girls鈥 cross-country team and follow in the running shoes of my family,鈥 said Becky Pepper-Jackson, the plaintiff in the lawsuit. 鈥淚t hurt that the State of West Virginia would try to block me from pursuing my dreams. I just want to play.鈥

West Virginia Gov. Jim Justice signed H.B. 3293 into law at the end of April. It was one of hundreds of anti-LGBTQ bills pushed in state legislatures across the country in 2021. During legislative debate, it was not endorsed by any mainstream sporting or health organizations. A similar law in Idaho was blocked by a federal court in 2020, and a federal court in Connecticut recently dismissed a challenge to policies that allow all girls, including girls who are transgender, to participate on girls鈥 sports teams. Legal challenges are underway against similar laws passed in other states.

The Supreme Court recently refused to disturb Gavin Grimm鈥檚 victory at the U.S. Court of Appeals for the Fourth Circuit, where he prevailed in challenging his school鈥檚 anti-transgender discrimination against him. This decision 鈥 which is binding precedent in West Virginia federal court 鈥 said that federal law protects transgender students from discrimination in schools.

鈥淭his is great news for Becky, and while our work is not done yet, today鈥檚 ruling jibes with similar rulings in other courts across the country,鈥 said Avatara Smith-Carrington, Tyron Garner Memorial Law Fellow, Lambda Legal. 鈥淚t is our hope that courts recognize and address discrimination when they see it, and nowhere is it more visible than in these stark attacks against trans youth.鈥

鈥淏ecky 鈥 like all students 鈥 should have the opportunity to try out for a sports team and play with her peers,鈥 said Josh Block, senior staff attorney with the 老澳门开奖结果 LGBTQ & HIV Project. 鈥淲e hope this also sends a message to other states to stop demonizing trans kids to score political points and to let these kids live their lives in peace.鈥

鈥淲e鈥檝e said all along this cruel legislation would not survive a legal challenge, and we鈥檙e encouraged by the court鈥檚 decision today,鈥 said 老澳门开奖结果-WV Legal Director Loree Stark. 鈥淲e hope trans kids throughout West Virginia who felt attacked and wronged by the passage of this legislation are feeling empowered by today鈥檚 news.鈥

鈥淲e are extremely gratified 鈥 for Becky, and for all trans youth 鈥 at the court鈥檚 recognition that the law and the facts clearly support treating people who are transgender fairly and equally. Discrimination has no place in schools or anywhere else,鈥 said Kathleen Hartnett of Cooley LLP.

The case was filed by , the 老澳门开奖结果 Jon L. Stryker and Slobodan Randjelovi膰 LGBTQ & HIV Project, , and law firm in the United States District Court in the Southern District of West Virginia.


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