The state passed a law barring students “whose biological sex determined at birth is male” from playing on girls’ sports teams.
The U.S. Court of Appeals for the 4th Circuit ruled Tuesday that transgender plaintiff Becky Pepper-Jackson, seen in June 2021 and now 13, can't be barred from participating in cross-country running and track with other girls. A transgender middle-schooler in West Virginia cannot be barred from participating in cross-country running and track with other girls, the U.S. Court of Appeals for the 4th Circuit ruled Tuesday.
Tuesday’s decision was written by Judge Toby J. Heytens, a Biden appointee, and joined by Judge Pamela Harris, an Obama appointee. Judge G. Steven Agee, an appointee of George W. Bush, dissented and said he “hope that the Supreme Court will take the opportunity with all deliberate speed to resolve these questions of national importance.”The Christian conservative group Alliance Defending Freedom, which backed this law and others restricting trans rights, indicated that an appeal may be coming.
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