Attorneys representing a transgender student athlete in Harrison County, West Virginia have filed their argument in a U.S. Supreme Court challenge of a state law that prohibits her from participating in her school’s track program.
Attorneys for 15-year-old Becky Pepper-Jackson filed the response with the U.S. Supreme Court on Monday. She’s challenging West Virginia’s Save Women’s Sport Act, which former Gov. Jim Justice signed into law in 2021. Pepper-Jackson is represented by the American Civil Liberties Union, the ACLU of West Virginia, Lambda Legal, and Cooley LLP.
The Supreme Court announced in July it would hear the state of West Virginia’s appeal of a Fourth Circuit Court of Appeals ruling that blocked the law. The lower court found that the law violates transgender students’ rights under Title IX, a federal civil rights law prohibiting discrimination based on sex in education programs.
“I play for my school for the same reason other kids on my track team do — to make friends, have fun, and challenge myself through practice and teamwork,” Pepper-Jackson said in an ACLU news release Monday. “And all I’ve ever wanted was the same opportunities as my peers. Instead, I’ve had my rights and my life debated by politicians who’ve never even met me but want to stop me from playing sports with my friends.
“I know this case isn’t just about me, or even just about sports,” she said. “It’s just one part of a plan to push transgender people like me out of public life entirely. I’m proud to stand up alongside my mom for what I believe and who I am and I want other transgender kids to know they aren’t alone.”
In a September filing, attorneys for the state of West Virginia argued that transgender athletes are a threat to the promise of equity in women’s sports from Title IX.
“Male athletes identifying as female are increasingly competing in women’s sports, erasing the opportunities Title IX ensured,” they wrote. “Women and girls have lost places on sports teams, surrendered spots on championship podiums, and suffered injuries competing against bigger, faster and stronger males. For too many women and girls, the ‘thrill of victory’ is gone.”
The president of the NCAA recently told Congress, “less than 10” — and not all of them transgender women — of the more than 500,000 college athletes in the country are openly transgender.
The high court announced it would hear the case in July. At that time, state attorney general J.B. McCuskey said that the people of West Virginia know it’s unfair to let male athletes compete against women.
“That’s why we passed this commonsense law preserving women’s sports for women,” McCuskey said in a July news release. “We are confident the Supreme Court will uphold the Save Women’s Sports Act because it complies with the U.S. Constitution and complies with Title IX. And most importantly: it protects women and girls by ensuring the playing field is safe and fair.”
Former Gov. Patrick Morrisey represented the state in the case during his time as attorney general. He said in a July news release he was pleased the court would take up the case.
“I am optimistic that after hearing the case, the Supreme Court will restore sanity to athletics and allow West Virginia to enforce its commonsense law that prevents boys from competing in girl’s sports,” Morrisey said.
The Supreme Court has also said it would hear a challenge to Idaho’s transgender athlete ban.
According to the ACLU, 27 states have banned transgender youth from playing school sports since 2020.
This article originally appeared on West Virginia Watch.
West Virginia Watch is part of States Newsroom, a nonprofit news network supported by grants and a coalition of donors as a 501c(3) public charity. West Virginia Watch maintains editorial independence. Contact Editor Leann Ray for questions: info@westvirginiawatch.com.
