The U.S. Supreme Court denied an emergency request from West Virginia on Thursday, allowing a 12-year-old “transgender girl” to participate in his middle school’s girls’ sports team while litigation over the state’s ban continues.
, the justices denied West Virginia’s emergency request to lift an appeals court injunction that allows transgender athletes to compete in sports that align with their identified gender.
“This is a procedural setback, but we remain confident that when this case is ultimately determined on the merits, we will prevail,” Morriseyin a statement. “We maintain our stance that this is a common sense law—we have a very strong case. It’s just basic fairness and common sense to not have biological males play in women’s sports.”
Becky Pepper-Jackson, a now-12-year-old transgender girl identified as B.P.J. in court filings, sued the state, alleging the law violated the 14th Amendment’s Equal Protection Clause and Title IX.Pepper-Jackson to compete on the middle school girls’ cross-country and track teams for months before ultimately ruling against him and upholding the law in January.
A divided Fourth Circuit panel put Goodwin’s order preventing Pepper-Jackson from competing with girls on hold while the appeal is pending. This decision prompted Morrisey to seek an emergency appeal from the Supreme Court.joined by Justice Clarence Thomas, said he would have allowed West Virginia to enforce the Save Women’s Sports Act.
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