Federal Court Blocks Dudes From Competing in Women’s School Sports in West Virginia

A West Virginia federal judge upheld a state law prohibiting male athletes who identify themselves as female from participating on school sports teams.

In A ruling was made on January 5., Judge Joseph R. Goodwin of the Southern District of West Virginia said that HB 3293, the Save Women’s Sports Bill, was “constitutionally permissible.” The bill defines “girl” And “women” Goodwin identified this as biologically feminine for secondary school sport and concluded that it was “substantially linked to its interest in providing care.” Females have equal opportunities in the sport of running.”

“I have no doubt that HB 3293 aimed to politicize participation in school athletics for transgender students,” Goodwin was quoted in the ruling. “Nevertheless, there is not a sufficient record of legislative animus. Considering the law under the intermediate scrutiny standard, I find that it is substantially related to an important government interest.”

The law was originally introduced in March 2021. However, it was challenged by American Civil Liberties Union. Becky Pepper Jackson, a trans-identified middle school student of gender nonconforming, was excluded from the cross-country girls’ team by the ACLU. This, the ACLU argued, was a violation of Pepper-Jackson’s rights under the 14th Amendment’s Equal Protection Clause and Title IX, the federal state statute that prohibits sex-based discrimination, reports Fox News.

Goodwin, who ruled in favor ACLU, blocked the law at its preliminary stage. He ruled that Pepper-Jackson was being expelled from school sports because of her sex, making it a Title IX offense. 

Goodwin admitted in his new decision that the law was trying to “prevent transgender girls from playing on girls’ sports teams,” he highlighted the biological differences between males and females that give males a significant sporting advantage.

“While some females may be able to outperform some males, it is generally accepted that, on average, males outperform females athletically because of inherent physical differences between the sexes. This is not an overbroad generalization, but rather a general principle that realistically reflects the average physical differences between the sexes,” Judge.

Goodwin also pointed out that Pepper-Jackson did not take puberty inhibitors. Some transgender athletes only socially change, while others are forced to take hormone blockers or blockers later in puberty. Goodwin said that “there is much debate over whether and to what extent hormone therapies after puberty can reduce a transgender girl’s athletic advantage over cisgender girls.”

“The fact is, however, that a transgender girl is biologically male and, barring medical intervention, would undergo male puberty like other biological males. And biological males generally outperform females athletically. The state is permitted to legislate sports rules on this basis because sex, and the physical characteristics that flow from it, are substantially related to athletic performance and fairness Sports,” Goodwin ruled.

The West Virginia ACLU sued to prohibit girls from participating school sports because they are transgender. 

In A 2019 speechDr. Emma Hilton, a developmental biologist showed how large the gap is between athletic performance of biological males versus females. 

“So big is the gap, there are 9000 males between 100m world record holders Usain Bolt and FloJo. So early does the gap emerge, the current female 100m Olympic champion, Elaine Thompson, is slower than the 14-year-old schoolboy record holder,” Hilton.

Patrick Morrissey, West Virginia Attorney General, supported the decision.

“This is not only about simple biology, but fairness for women’s sports, plain and simple,” Morrissey, a Republican, stated in a statement. “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.”

Pepper-Jackson’s legal representation includes the West Virginia ACLU and LGBT legal defense group Lambda Legal, as well law firm Cooley LLP. According to Education WeekThe groups expressed their disappointment and continued to consider the next steps in a joint statement.

“The District Court’s ruling is disappointing both for its harmful conclusion and its spurious argument. The fact is the equal and fair participation of transgender youth takes nothing away from cisgender youth and helps to maintain a level playing field for all youth,” The statement was made.