A federal appeals court ruled Tuesday that West Virginia cannot enforce its anti-transgender sports ban against a 13-year-old girl, dealing a blow to one of nearly two dozen such laws enacted by GOP-led states in recent years. The 4th Fourth Circuit Court of Appeals said in a 2-1 decision that the state cannot “lawfully” enforce its law against Becky Pepper-Jackson, a transgender athlete who has been challenging the ban since it was enacted in 2021.
Judge Steven Agee wrote in a partial dissent that “allowing transgender girls – regardless of any advantage – as participants in biological girls’ sports turns Title IX on its head and reverses the monumental work Title IX has done to promote girls’ sports from its inception.
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