CHARLESTON, W.Va. (AP) – A federal appeals court has struck down a ban on transgender sports in West Virginia, finding the law violates Title IX, the federal civil rights law that prohibits gender discrimination in schools.
Tuesday’s ruling by the 4th U.S. Circuit Court of Appeals blocks a West Virginia law that bans transgender girls from participating on girls’ sports teams.
The court said the law could not lawfully be applied to a 13-year-old girl who takes puberty-blocking medication and has publicly identified as a girl since her third grade year.
Sports participation has been a major front in legislative and legal battles over the role of transgender people in U.S. public life in recent years. Most Republican-controlled states have enacted eligibility restrictions and bans on gender-affirming health care for minors. Several have also restricted which restrooms and locker rooms transgender people can apply, particularly in schools.
West Virginia is one of at least 24 states that has a law banning transgender women and girls from participating in certain women’s or girls’ sports competitions.
The bans apply in Alabama, Arkansas, Florida, Indiana, Iowa, Kansas, Kentucky, Louisiana, Mississippi, Missouri, Montana, North Carolina, North Dakota, Oklahoma, South Carolina, South Dakota, Tennessee, Texas and Wyoming.
In addition to West Virginia, judges in Arizona, Idaho and Utah have temporarily suspended enforcement of the bans.
A ban in Ohio is set to take effect later this month.
The Biden administration originally planned to issue a modern federal Title IX rule – The law prohibits discrimination based on gender in education – against sexual assault on campus and against transgender athletes. Earlier this year, the department decided to split them into separate rules, and the athletics rule now remains in limbo.
Last year, the 9th U.S. Circuit Court of Appeals upheld a lower court’s decision that blocked a ban on transgender athletes in girls’ and women’s competitions Sports in Idaho.
The 2nd Circuit ruled differently last year, challenging Connecticut’s policy of allowing transgender girls to compete in girls’ sports. to reopen the case and sending it back to a lower court without ruling on its merits.
On Tuesday, West Virginia Attorney General Patrick Morrisey released a statement expressing dismay at the court’s decision:
“I am deeply disappointed by the court’s divided decision today. The Save Women’s Sports Act is “constitutionally authorized” and the law complies with Title IX.
I will continue to fight to protect Title IX. We must continue to work to protect women’s sport to ensure women’s safety and a truly level playing field for girls. We know the law is correct and will apply every tool available to defend it.”
West Virginia Attorney General Patrick Morrisey
