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Five West Virginia middle school students have been banned from future track and field competitions after refusing to compete against a transgender athlete. The incident has now drawn the attention of state Attorney General Patrick Morrisey, who is seeking intervention from the US Supreme Court for the second time.
The controversy centers around the “Save Women’s Sports Act” (House Bill 2917), which was challenged on April 16th after a lawsuit was filed on behalf of Becky Pepper-Johnson, a 13-year-old transgender (biological male) middle school track athlete.
The lawsuit argued that the law, by restricting transgender students from participating in sports teams that align with their gender identity, violates both the Equal Protection Clause and Title IX, which is aimed at preventing sex-based discrimination in education.
In his ruling, Judge Toby Heytens wrote, “Offering B.P.J. 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.”
Becky Pepper-Jackson, 13, competed in the Harris County Middle School Track and Field Championship (Credit: New York Post)
During the 2024 Harrison County Middle School Championships, held on April 18th, the five students, all from Lincoln Middle School, opted not to participate in the shot-put competition in protest against competing with Becky Pepper-Jackson, The Gateway Pundit previously reported.
Pepper-Jackson, the transgender student at the heart of the original lawsuit, had been granted the right to compete by the Fourth Circuit Court of Appeals just days prior.
The girls made their stance clear by stepping into the shot-put circle, only to step out, thereby forfeiting their turns. This act of protest was repeated during the discus event, which Pepper-Jackson ultimately won.
WATCH:
FIVE middle school female athletes in West Virginia refuse to throw shot put against male, Becky Pepper-Jackson.
This comes just 2 days after the Fourth Circuit Court of Appeals blocked the WV law that says you must compete in the category that matches your sex.
It’s a… pic.twitter.com/RzMgh4jVRU
— Riley Gaines (@Riley_Gaines_) April 19, 2024
West Virginia Attorney General Patrick Morrisey, who is also a gubernatorial candidate, expressed support for the protesting students. He emphasized that their action was a peaceful demonstration against the federal court’s decision, which they believe undermines the integrity of women’s sports.
“At its core, this is a matter of common sense,” Mr. Morrisey said Wednesday at a press conference. “You can’t fairly ask a girl or a woman to compete against a biological male. It’s not right, and it’s just plain wrong, and West Virginia parents know this.”
Morrisey has filed an amicus brief backing the students after they were banned from future events and announced plans to urge the Supreme Court to review the state’s regulations concerning transgender student-athletes.
“I will do everything in my power to defend these brave young girls. This is just wrong. We must stand for what’s right and oppose these radical trans policies,” Morrisey said on Monday.
“What does it mean to fight and win? We announced this week that we are taking our fight to protect girls’ sports all the way to the U.S. Supreme Court. That is what fighting means. And I know we will win this fight,” Morrisey wrote on X.
What does it mean to fight and win?
We announced this week that we are taking our fight to protect girls’ sports all the way to the U.S. Supreme Court.
That is what fighting means. And I know we will win this fight.
— Patrick Morrisey (@MorriseyWV) April 29, 2024
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