WASHINGTON — The Supreme Court on Thursday allowed a 12-year-old transgender girl in West Virginia to continue competing on her middle school’s girls sports teams while a lawsuit over a state ban continues.
Pepper-Jackson is in the middle of the outdoor track season. She had filed a lawsuit challenging the law, the Save Women’s Sports Act, which West Virginia lawmakers adopted in 2021. A federal appeals court had allowed her to compete while she appealed a lower court ruling that upheld the West Virginia law.
West Virginia’s law on schools sports competition bars transgender athletes from female teams. Signed by Justice, the law defines male and female by looking to the student’s “reproductive biology and genetics at birth.” It applies to middle and high schools, as well as colleges. U.S. District Court Judge Joseph Goodwin initially barred West Virginia from enforcing its law and allowed Pepper-Jackson to compete on the girls’ teams while the case continued.
The two appeals court judges who voted to put the law on hold were Pamela A. Harris, an appointee of former President Barack Obama’s, and Toby J. Heytens, an appointee of President Joe Biden’s. Judge G. Steven Agee, an appointee of former President George W. Bush, dissented.In dissent, Alito wrote, “I would grant the State’s application. Among other things, enforcement of the law at issue should not be forbidden by the federal courts without any explanation.” Thomas joined the dissent.
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