CHARLESTON, W.Va. — West Virginia's transgender sports ban violates the rights of a teen athlete under Title IX, the federal civil rights law that prohibits sex-based discrimination in schools, an appeals court ruled Tuesday.
Judge Toby Heytens wrote that offering her a “choice” between not participating in sports and participating only on boys teams “is no real choice at all.” “This is a tremendous victory for our client, transgender West Virginians, and the freedom of all youth to play as who they are,” ACLU West Virginia attorney Joshua Block said in a statement.
While the ruling makes clear that the law is discriminatory, ACLU-West Virginia spokesperson Billy Wolfe said in a statement, “as far as we know, our client is the only child currently impacted by this law. If others find themselves in this situation, we encourage them to contact the ACLU-WV legal team.”
In January 2023, a federal judge dissolved a preliminary injunction that was granted in July 2021. The judge also ruled the state's transgender law did not violate Title IX. Dissenting Judge G. Steven Agee wrote that the state can separate teams by gender assigned at birth"without running afoul of either the Equal Protection Clause or Title IX.”
Source: Law Daily Report (lawdailyreport.net)
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