West Virginia transgender sports ban discriminates against teen athlete, appeals court says

CHARLESTON, W.Va. (AP) — West Virginia’s transgender sports ban violates the rights of a teen athlete under Title IX, the federal civil rights law that prohibits sex-based discrimination in schools, an appeals court ruled Tuesday.

The 4th U.S. Circuit Court of Appeals ruled 2-1 that the law cannot be applied to a 13-year-old who has been taking puberty-blocking medication and publicly identified as a girl since she was in the third grade.

In February 2023, the court had blocked the state’s bid to kick Becky Pepper Jackson off her middle school cross country and track and field teams if the law were enforced.

Judge Toby Heytens wrote that offering her a “choice” between not participating in sports and participating only on boys teams “is no real choice at all.”

“The defendants cannot expect that B.P.J. will countermand her social transition, her medical treatment, and all the work she has done with her schools, teachers, and coaches for nearly half her life by introducing herself to teammates, coaches, and even opponents as a boy,” Heytens wrote.

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