Becky Pepper-Jackson
WASHINGTON – The U.S. Supreme Court has upheld West Virginia’s law banning transgender girls and women from playing on school athletic teams.
The 6-3 ruling handed down June 30 says such laws don’t violate either the Constitution or Title IX. The ruling also involved a separate case from Idaho. It’s the first time the nation’s highest court has taken up the issue regarding transgender athletes participating in girls’ and women’s sports.
The West Virginia and Idaho lawsuits argued the laws violate the Constitution’s guarantee of equal protection and Title IX. The states say the bans do not discriminate, saying the sex-based classifications are allowed because they are protecting athletic opportunities for women and girls.
“Today’s decision will be remembered as one of the most important victories for women's athletics since the enactment of Title IX itself,” Gov. Patrick Morrisey said. “Years ago, as attorney general of West Virginia, I brought this case to the Supreme Court because I knew that protecting women’s sports was consistent with the Constitution and a matter of basic fairness.
“That principle brought West Virginia to the center of a national debate and ultimately before the highest court in the land.”
The West Virginia case was an appeal of a case originally filed by Becky Pepper-Jackson, a 15-year-old transgender student-athlete from Bridgeport, and her mother. The case focuses on the state’s Save Women’s Sports Act, a 2021 law that recognizes the inherent physical differences between females and males.
The Fourth Circuit Court of Appeals granted a preliminary injunction barring the state from enforcing the ban that allowed Pepper-Jackson to try out for middle school sports. Now in high school, Pepper-Jackson won a state championship in the shot put earlier this month.
Pepper-Jackson transitioned in third grade, publicly identified as a girl since age 8, and began taking puberty-blocking medication at the onset of her puberty. She's also been issued a West Virginia birth certificate recognizing her as female. Pepper-Jackson is the only transgender person who has sought to compete in girls sports in West Virginia.
In the Idaho case, Lindsay Hecox, 25, sued over Idaho’s ban regarding trying out for the women’s track and cross-country teams at Boise State University in Idaho.
“For far too long, Americans watched as this debate unfolded and wondered whether the promise made to generations of women and girls would endure,” Morrisey said. “Today, the Supreme Court answered that question. The protections established under Title IX remain meaningful, the integrity of women's sports remains worth preserving, and states retain the authority to defend fair competition.
“This began in West Virginia, but its impact reaches every corner of the country. Future generations of female athletes will benefit from the certainty, fairness, and opportunity this decision protects.
“West Virginia stood its ground. We defended a simple principle most Americans instinctively understand: that women's sports exist to provide women and girls a fair opportunity to compete and succeed. Today, I am grateful to my team, who worked tirelessly on this issue for years, and to our current attorney general, who saw this case through.”
Current AG J.B. McCuskey echoed Morrisey’s comments.
“This is a monumental victory for every female athlete who has ever competed, or dreamed of competing, on a fair and safe playing field,” McCuskey said. “Today’s Supreme Court decision affirms what common sense and the law have long made clear: states have the right to designate sports teams based on biological sex, not gender identity.
“Without that delineation, Title IX is turned on its head, and decades of hard-fought progress to advance female athletes are erased. I am immensely proud of my team for not only getting this issue before the court but also for delivering sound and successful arguments.
“This landmark victory will give all states, not just West Virginia, the clarity and confidence to ensure fairness and safety for female athletes today and for generations to come.”
Pepper-Jackson is the only known transgender student-athlete seeking to compete in West Virginia. She and her mother Heather Jackson were represented by the ACLU, the ACLU of West Virginia, Lambda Legal and Cooley LLP.
“This is a heartbreaking ruling for our clients and transgender girls like them who’ve asked for nothing more than the same opportunities afforded to their peers,” said Joshua Block, Senior Counsel for the ACLU’s LGBTQ & HIV Rights Project. “The reality is that the equality of transgender women and girls takes nothing away from, and in fact promotes, the equality of all women and girls.
“We will continue to advance the fundamental principle that all young people deserve equal opportunity to thrive and succeed.”
An attorney with Lambda Legal agreed.
“This ruling is deeply harmful for transgender women and girls who only asked for the ability to participate in sports with their peers,” said Sasha Buchert, Senior Attorney and Director of Lambda’s Non-Binary and Transgender Rights Project. “Countless studies have demonstrated the myriad benefits that come with participation in team sports. Now, one population, transgender youth and collegians, are targeted for specific and baseless discrimination.
“We will not be deterred and will continue to fight back to secure the equal participation that all youth, including transgender youth, deserve.”
U.S. Sen. Shelley Moore Capito (R-W.Va.) applauded the decision.
“I applaud the Supreme Court for upholding West Virginia’s common sense law to protect girls’ sports,” Capito said. “As an athlete myself and the mother of a daughter who played a college sport, I believe strongly that allowing biological males to compete in women’s sports undermines the very fairness and protections Title IX was designed to provide. With the athletics landscape in our country rapidly evolving, we must recommit ourselves to protecting female athletes and ensure they can always compete on a level playing field.
“I’m proud to continue championing this issue for young girls across West Virginia, and I congratulate our leaders back home for the decisive victory today.”
