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Federal Appeals Court Upholds Right of Transgender Girl to Compete in Girls' Sports in West Virginia

The 4th U.S. Circuit Court of Appeals ruled that barring the transgender student from girls' sports teams violates federal civil rights law, amidst a broader national debate on trans rights.

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This handout photograph taken on June 26, 2021, and released by The American Civil Liberties Union (ACLU), shows Becky Pepper-Jackson, in Bridgeport, West Virginia. - A transgender child's desire to join her school's female running team could be decided by the US Supreme Court after West Virginia on March 10, 2023 asked the high court to rule on the controversial case. The court was asked to overturn a lower appeals court decision that freezed West Virginia's 2021 law banning Becky Pepper-Jackson and others like her from competing with other girls because she was born a biological male. (Photo by Handout / ACLU / AFP) / RESTRICTED TO EDITORIAL USE - MANDATORY CREDIT "AFP PHOTO / HO / Raymond Thompson Jr /ACLU " - NO MARKETING NO ADVERTISING CAMPAIGNS - DISTRIBUTED AS A SERVICE TO CLIENTS (Photo by HANDOUT/ACLU/AFP via Getty Images)
Becky Pepper-Jackson attends the Lambda Legal Liberty Awards on June 08, 2023 in New York City.
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Overview

  • The court's decision supports 13-year-old Becky Pepper-Jackson, who has been on puberty blockers and identifies as female, to remain on her middle school girls' track team.
  • Judge Toby J. Heytens emphasized that excluding Pepper-Jackson based on circulating testosterone levels lacks substantial justification.
  • The ruling counters the West Virginia law enacted in 2021, which aimed to restrict transgender girls from competing in girls' sports based on biological sex at birth.
  • This case is seen as a significant victory for transgender rights, particularly in sports, where legal battles are intensifying across the U.S.
  • West Virginia Attorney General expressed disappointment and vowed to continue defending the law, highlighting ongoing political and legal disputes over transgender participation in sports.