Posted on by Randy Slovacek

Supreme Court Rejects West Virginia’s Request To Enforce Anti-Trans Law

The U.S. Supreme Court has rejected West Virginia’s request that it be allowed to enforce its anti-transgender sports ban against Becky Pepper-Jackson, a 12-year-old transgender girl who is a member of her school’s cross-country team.
U.S. Supreme Court  (public domain)

The U.S. Supreme Court has rejected West Virginia’s request that it be allowed to enforce its anti-transgender sports ban specifically against Becky Pepper-Jackson, a 12-year-old transgender girl who is a member of her school’s cross-country team.

The high court wasn’t asked to consider the merits of the 2021 law itself, but rather the question of whether it should remain on hold – per the injunction issued by the U.S. Court of Appeals for the 4th Circuit – while legal proceedings continue in lower courts.

Justices Samuel Alito and Clarence Thomas issued a dissent saying they would have lifted the injunction which would have allowed West Virginia to immediately enforce its ban.

Related: North Dakota Lawmakers Ban Transgender Students From Sports

For now, however, the 4th Circuit’s injunction against West Virginia will remain in place while the appeals court considers the long-pending case. And, Becky can remain on her track team. For now…

Just my own observation, but Becky is 12-years-old. She hasn’t gone through puberty and developed some massive muscles that could give her some “competitive edge.” The cross-country season is almost over. Let her run with her team.

The American Civil Liberties Union, which is challenging West Virginia’s trans sports ban on behalf of Becky, issued a statement lauding the decision.

“We are grateful that the Supreme Court today acknowledged that there was no emergency and that Becky should be allowed to continue to participate with her teammates on her middle school track team, which she has been doing without incident for three going on four seasons, as our challenge to West Virginia’s onerous trans youth sports ban makes its way through the courts.”