West Virginia AG Sues School Board Over Ban on Girls Protesting Transgender Athlete

West Virginia Attorney General Patrick Morrisey has filed a lawsuit against the Harrison County Board of Education after five Lincoln Middle School girls were banned from future competitions for protesting transgender athlete Becky Pepper-Jackson's participation and victory in a shot put event on April 18, 2024. The girls had stepped up to the circle but refused to throw the shot put in protest of Pepper-Jackson's participation, despite a recent federal appeals court ruling allowing her to compete.

Morrisey stated that he will do everything in his power to defend the "brave young girls" and that he opposes the "radical trans policies" that led to this situation. The lawsuit aims to challenge the school's decision to ban the girls from future events for their protest. "It's wrong to punish students for peacefully standing up for fairness in women's sports," Morrisey said.

Why this matters: This case highlights the ongoing legal battles and controversies surrounding the participation of transgender athletes in women's sports. The outcome could have implications for similar policies and protests in other states and school districts across the country.

The appeals court had previously ruled that West Virginia's transgender sports ban violates Pepper-Jackson's rights under Title IX, as she has lived as a girl for over 5 years, takes puberty blockers and estrogen, and has competed exclusively on girls' teams. However, the court reaffirmed the authority to establish separate sports teams for boys and girls.

Morrisey plans to ask the U.S. Supreme Court to weigh in on whether the state can enforce its transgender athlete ban in Pepper-Jackson's case. Former collegiate swimmer-turned-activist Riley Gaines, a critic of trans athletes in girls' sports, has also expressed support for the protesting girls.

The parents of the five girls have filed a complaint against the school board, seeking declaratory judgments and injunctive relief to rescind the discipline and allow the girls to compete in future events. Morrisey filed an amicus brief supporting the girls, stating that their protest was a quiet demonstration of their unhappiness with the competitive consequences of the federal appellate court's decision.

Key Takeaways

• WV AG sues Harrison County BOE for banning girls protesting trans athlete
• Federal appeals court ruled WV trans sports ban violates Title IX
• WV AG plans to ask SCOTUS to uphold state's trans athlete ban
• Parents of protesting girls file complaint against school board
• Case highlights ongoing legal battles over trans athletes in women's sports