West Virginia Attorney General Seeks Supreme Court Ruling on Transgender Sports Ban

During a press conference on Wednesday, March 24, 2024, in Charleston, West Virginia, Attorney General Patrick Morrisey (at lectern) stated that he would ask the United States Supreme Court to rule on whether the state can impose a ban on transgender athletes. (Amy Ferrell Knisely | West Virginia Watch)

West Virginia Attorney General Patrick Morrisey announced that he will petition the United States Supreme Court to rule on whether the state can impose a ban on transgender athletes participating in girls’ sports.

A federal appeals court ruled last week in favor of West Virginia schoolgirl Becky Pepper-Jackson, a transgender girl who takes puberty-blocking medicine. The kid sued the state over a law that prohibits transgender athletes from competing on girls and women’s sports teams in public schools and colleges. The law does not prohibit trans males from competing on boys’ or men’s teams.

“This is one of the most significant cases that my office has handled in the last 12 years,” Morrisey said on Wednesday in the State Capitol, flanked by numerous Republican state legislators. “The [law] prohibits unlawful discrimination. Indeed, the term “transgender” is never used in the statute. The rule simply recognizes basic scientific truth, necessitating gender separation in sports.”

Last year, the conservative-majority Supreme Court rejected Morrisey’s efforts to prevent Pepper-Jackson from participating in school sports with her peers. Regardless of their decision, Morrisey expressed confidence that the case could be heard and the outcome would be in his favor. He intends to file the challenge “over the next month.”

“We want to make sure we time our filing so that we maximize the chance this case is going to be heard, and most importantly, that we will win,” Morrisey said in a statement.

He believes the decision could set a precedent for future legal disputes involving transgender student-athletes. According to the American Civil Liberties Union, 21 states have prohibited transgender student-athletes from participating in sports over the last three years.

The verdict by the United States Fourth Circuit Court of Appeals on April 16 merely suspended the state’s transgender sports ban in Pepper-Jackson’s case; it did not overturn the state legislation entirely.

Following the decision, Pepper-Jackson resumed track and field competition with her squad. According to MetroNews, some female athletes last week rejected to compete in the shot put against her at the Harrison County Middle School Championships.

Riley Gaines, a former collegiate athlete who has spoken out against transgender women in sports, also attended the news conference to support Morrisey’s legal case. Gaines joined Morrisey on Wednesday to ceremoniously sign a “Stand With Women Commitment” pledge, which was championed by the conservative charity Independent Women’s Voice.

The group supported legislation in West Virginia known as the “Women’s Bill of Rights,” which sought to define the definitions of “man” and “woman” and safeguard single-sex areas such as restrooms and locker rooms. The bill, championed by Gov. Jim Justice and Gaines, did not receive a vote on the final night of the legislative session.

Morrisey is running for governor in a competitive Republican primary. Transgender children have been a focus of Republican gubernatorial contenders’ television commercials ahead of the May primary election. Fairness West Virginia, an LGBTQ civil rights organization, stated in a statement that Morrisey’s court challenge was an attempt to “scare voters and demonize children.”

“Patrick Morrisey continues to lie about the case and our state’s transgender community…” [These myths] contribute to a hostile climate in which transgender adolescents are far more likely to face harassment, bullying, and discrimination. “But he already knows that — and he’s doing it anyway,” Communications Director Jack Jarvis stated. “Becky and all of the other trans youth across our state deserve to fully participate in school activities and athletic events.”