U.S. court sides with transgender school athlete against West Virginia ban

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U.S. Circuit Judge Toby Heytens says requiring Becky Pepper-Jackson to compete on boys’ teams would ‘directly contradict the treatment protocols for gender dysphoria’

A federal appeals court on Tuesday ruled that a transgender middle-school girl in West Virginia can compete in her school’s girls’ track and cross-country teams, blocking enforcement of a state law against her.

He said enforcing the law against her violated Title IX, a federal law against sex discrimination in schools. Heytens’ opinion was joined by Circuit Judge Pamela Harris, who was appointed by former Democratic President Barack Obama. West Virginia Attorney General Patrick Morrisey, a Republican, said in a statement that he was “deeply disappointed” and would continue to defend the law, adding it was necessary to ensure “girls have a truly fair playing-field.”

At least 22 other states have passed laws on sports similar to West Virginia’s. One, in Idaho, was blocked last year by the 9th Circuit.

 

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