West Virginia says it will appeal ruling that allowed transgender teen athlete to compete

CHARLESTON, W.Va. (AP) — West Virginia will ask the U.S. Supreme Court to weigh in on an appeals court ruling that allowed a transgender athlete to compete on her middle school teams, Attorney General Patrick Morrisey said Wednesday.

“We’re not going to allow the elites in the swamp to impose their values on West Virginia citizens,” Morrisey said at a news conference in the state Capitol.

A 4th U.S. Circuit Court of Appeals panel ruled 2-1 last week that West Virginia’s transgender sports ban violated Becky Pepper Jackson’s rights under Title IX, the federal civil rights law that prohibits sex-based discrimination in schools. Jackson, 13, has been taking puberty-blocking medication and publicly identified as a girl since she was in the third grade.

The court ruled in favor of the American Civil Liberties Union, its West Virginia chapter and the LGBTQ interest group Lambda Legal. They sued the state, county boards of education and their superintendents in 2021 after Republican Gov. Jim Justice signed the bill into law.