CHARLESTON – One GOP candidate says the vote to choose West Virginia’s next attorney general is more significant than ever following a federal appeals court ruling that rejected a ban on transgender students playing sports.
In its 2-1 ruling on April 16, the Fourth U.S. Circuit Court of Appeals said the state law could not apply to 13-year-old Becky Pepper Jackson because it violated Title IX, a federal civil rights law that prohibits violence based on sex. discrimination in schools.
Becky Pepper Jackson identified as a girl and had been taking puberty blocking drugs since the third grade. Last year, the same court blocked an attempt to kick Jackson off her middle school cross country and track teams. She has been living as a girl for over five years, changed her name, and the state issued her a birth certificate stating that she is female.
GOP AG candidate Mike Stuart says the Fourth Circuit Court of Appeals’ April 16 ruling against the Save Women’s Sports Act “paves the way for boys to compete in girls’ college sports across the state.”
“The (Fourth Circuit) court is wrong,” said Stuart, a state senator and former U.S. attorney for the Southern District of West Virginia. “Transgender boys should not be allowed to compete in women’s sports. As Attorney General, I would immediately challenge this ruling to the United States Supreme Court. The selection of the next Attorney General is now even more significant.
“My record is clear. I will fight aggressively to protect the integrity of women’s sports and the values of West Virginia families. Boys should not compete in women’s sports.”
Stuart also nominated J.B. McCuskey, state auditor and the only other Republican AG candidate in the May 14 primary election.
“My attorney general opponent is being lenient on this,” Stuart said. “Voters need to know that he has joined West Virginia’s most outspoken liberals to aid fund Fairness WV, West Virginia’s leading statewide group dedicated to advancing the trans agenda.
“During a debate with my opponent last week, he again openly praised the founder of Fairness WV and confirmed his sponsorship of the organization. Helping and funding this organization is just as bad as directly promoting this attack on women’s sports and West Virginia families. I will aggressively defend West Virginia families and fight to overturn this poor decision.”
McCuskey said Record calls the Fourth Circuit’s ruling “completely absurd” and argues that girls have a right to the safety and competition that West Virginia law provides.
“I am the father of two young girls who play sports, and as attorney general, I will ensure that every girl in West Virginia has access to a safe field, safe locker rooms and a competitive environment that allows her to showcase her skills,” McCuskey said Record. “Biological men have no place in women’s sports. It’s just common sense. There is a safety and integrity aspect to all of this.
“I stand with Patrick Morrisey as he spends the next several months defending West Virginia’s law before the United States Supreme Court.”
The two Democratic candidates for attorney general took different approaches to the ruling.
“Our Constitution protects all Americans, including transgender Americans,” said Wheeling attorney Teresa Toriseva Record. “The Fourth Circuit’s ruling is consistent with the clear law of the land.
“What concerns me is that in West Virginia we have real, pervasive problems that our elected officials are not addressing or even discussing. Instead, they target a miniature, vulnerable part of our population and try to turn the rest of us against them.
“That’s exactly what the courts are for: to stop crooked politicians who are taking advantage of a manufactured crisis to attack American citizens, all of whom are equal under the law. When elected Attorney General, I will protect and fight on behalf of all West Virginians, and I will never use my office to attack the citizens of West Virginia or attempt to turn them against each other.”
Richie Robb, former mayor of South Charleston, partially agreed with Toriseva.
“We have bigger problems in West Virginia than transgender sports,” Robb said Record. “We have the fourth highest utility rates in the country and the highest power outages (2022). My commitment is to provide greater support for activities in these areas.
“I also think we need a real national commitment to the so-called ‘war on drugs’ with agencies of all state and federal governments, including the Department of Defense.”
