The Supreme Court allowed a 12-year-old transgender student who identifies as a girl to continue competing on a West Virginia middle school sports team on Thursday while a lawsuit over the state ban proceeds in lower courts.
In a brief, unsigned order, the justices declined to act on a petition sent to them regarding an appeals court order that made it possible for the student, Becky Pepper-Jackson, to maintain a place on the school’s track and cross-country teams.
SUPREME COURT COULD TAKE FIRST TRANSGENDER SPORTS CASE AFTER APPEAL FROM WEST VIRGINIA SOCCER PLAYER
Justices Samuel Alito and Clarence Thomas wrote they would have allowed the state law to be enforced against the student.
“This was a baseless and cruel effort to keep Becky from where she belongs–playing alongside her peers as a teammate and as a friend,” representatives for the American Civil Liberties Union, the ACLU of West Virginia, and Lambda Legal wrote in a joint statement.
Former championship-winning West Virginia State University soccer player Lainey Armistead and her counsel with the Alliance Defending Freedom asked the highest court to lift an appeals court injunction against the state’s Save Women’s Sports Act, which aims to ban biological male students who identify as transgender women from participating in girls’ school sports teams.
ADF senior counsel Christiana Kiefer told the Washington Examiner: “Today’s decision didn’t end this case.”
“While we hoped the Supreme Court would lift the injunction that the 4th Circuit imposed — with no explanation — on West Virginia’s women’s sports law, we remain committed to protecting female athletes by continuing to litigate this case in the court of appeals and across the country through other lawsuits defending women’s sports,” Kiefer added.
Armistead, 23, now attends Stetson University College of Law. She said she was “shocked” when the appeals court overturned a lower court decision upholding the SWSA. With the help of ADF attorneys, she appealed the 4th Circuit’s decision to the Supreme Court, asking for the state’s law to go back into effect.
A panel on the U.S. Court of Appeals for the 4th Circuit is now slated to hear the student athlete’s appeal in full, though the case might return to the Supreme Court.
Armistead’s petition was supported by state Attorney General Patrick Morrisey, who held a press conference last month ahead of the student athlete’s filing.
“This is a procedural setback, but we remain confident that when this case is ultimately determined on the merits, we will prevail,” Morrisey said. “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.”
Armistead, a former championship-winning athlete at West Virginia State University, decided to become a party in the case on behalf of herself and other female athletes, saying groups such as the ACLU’s defense of Pepper-Jackson threatens her ability to compete fairly.
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In addition to the SWSA, Gov. Jim Justice (R-WV) recently signed a bill banning puberty blockers and transgender surgeries for minors.
At least 20 states have enacted laws banning transgender athletes from competing on sports teams consistent with the gender they identify with.
