A federal appeals court has blocked a West Virginia law that bars biological males from playing on girls’ or women’s sports teams.
The 4th U.S. Circuit Court of Appeals ruled 2-1 on Wednesday to reinstate an injunction blocking enforcement of West Virginia House Bill 3293, the “Save Women’s Sports Bill.”
The injunction was first issued in July 2021, but that court has since reversed its ruling.
According to a report from The Hill, “District Court Judge Joseph R. Goodwin, who issued the initial injunction, last month reversed course, ruling that the 2021 law signed by West Virginia Gov. Jim Justice (R) is ‘constitutionally permissible’ because the state legislature’s definitions of ‘woman’ and ‘girl’ are ‘substantially related to the important government interest of providing equal athletic opportunities for females.’”
The state law defines biological sex as “an individual’s physical form as a male or female based solely on the individual’s reproductive biology and genetics at birth.”
It states that “athletic teams or sports designated for females, women or girls shall not be open to students of the male sex where selection for such teams is based upon competitive skill or the activity involved is a contact sport.”
The legal battle against the law was filed by the American Civil Liberties Union and its West Virginia chapter on behalf of then-11-year-old Becky Pepper-Jackson, a biological boy who identified as a girl and wanted to play on female teams.
Jackson can now try out for the school’s spring track and field team.
“We are thrilled that Becky will get to continue to participate in school sports with her classmates, at least for now,” said Aubrey Sparks, the managing attorney at the West Virginia chapter of the ACLU, in a statement. “Becky has said all along she just wants to do the thing she loves with her friends and that she’s taking this stand for other young people like her.”
West Virginia Attorney General Patrick Morrisey has been an outspoken supporter of protecting girls sports.
“This is not only about simple biology, but fairness for women’s sports, plain and simple,” Morrisey said. “Opportunities for girls and women on the field are precious and we must safeguard that future. Protecting these opportunities is important, because when biological males compete in a women’s event women and girls lose their opportunity to shine.”
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