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WASHINGTON — The Supreme Court on Thursday dismissed an attempt by West Virginia to block transgender students from participating in women’s sports.
As a result, a law enacted in 2021 called the Save Women’s Sports Act cannot be enforced against 12-year-old transgender girl Becky Pepper-Jackson while the lawsuit continues.
Two conservative Supreme Court justices, Samuel Alito and Clarence Thomas, said they would have granted the petition. In a brief opinion, Alito accused the lower court of failing to explain why.
By banning transgender girls from participating in women’s sports at the middle school, high school and college levels, the law states that gender is “based solely on an individual’s reproductive biology and birth genetics.” Thus, a female is a person “whose biological sex was determined to be female at birth.”
The law was challenged by Pepper-Jackson, who was 11 at the time. She is supported by the American Civil Liberties Union and LGBTQ group Lambda Legal.
Her attorney said the law violated the 14th Amendment. The law requires that the law applies equally to all, and also violates Article 9 of her Education Reform Act of 1972, which prohibits sex discrimination in education.
During the lawsuit, Pepper-Jackson joined the school’s cross-country and track teams and was welcomed by teammates and coaches, her attorney said.
A federal judge initially ruled in Pepper-Jackson’s favor, but concluded in January that the law was most likely legal and allowed it to be enforced against her. Jackson appealed, and last month the Richmond, Virginia-based Fourth Circuit Court of Appeals again blocked the state’s application.
It’s unclear if the law currently affects other students in the state. A West Virginia attorney said in court documents that if the law were not applied to Pepper Jackson, “traditionally understood gender-segregated sports would be functionally illegal in West Virginia public schools and colleges.” ” he said.
The West Virginia law, which is backed by the conservative religious group Alliance Defending Freedom, is one of a series of measures enacted by Republican states to limit the participation of transgender athletes in sports. It’s not too much.
Nearly 20 states have enacted similar transgender sports bans, most of which are in force.
In this regard, Tennessee and others have challenged the Biden administration’s guidance on Title 9, which has been interpreted as prohibiting discrimination in education based on sexual orientation and gender identity.
Alabama and 20 other states submitted brief backing to West Virginia, as did various female athletes, including tennis star Martina Navratilova.
The Biden administration’s guidance comes after the Supreme Court ruled in 2020 that federal laws against sex discrimination in employment protect LGBT people, a ruling that angered conservatives. . The Supreme Court has yet to rule on whether the same reason applies to Title IX.
In 2021, a court refused to file a lawsuit over whether transgender students could use restrooms at schools that correspond to their gender identity.
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