Federal appeals court overturns West Virginia law prohibiting transgender girls in sports

Published: 16 April 2024 at 17:16

Soccer

The 4th U.S. Circuit Court of Appeals overturned West Virginia's law banning transgender girls from competing against biological girls in sports, citing a violation of Title IX. The ruling favored the American Civil Liberties Union, its West Virginia chapter, and Lambda Legal. The law, signed in 2021, required student-athletes to play according to their biological gender. The court's decision granted 13-year-old Becky Pepper-Jackson, who identifies as a girl, the right to compete based on her gender identity.

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West Virginia v. B. P. J. (Wikipedia)

West Virginia v. B. P. J. is a federal court case in the United States regarding the issue of transgender people in sports. In 2021, the U.S. state of West Virginia passed a law barring transgender girls and women from participating on women's and girls' sports teams. Becky Pepper-Jackson, a 12-year-old transgender girl, challenged the law on 14th Amendment and Title IX grounds.U.S. District Judge Joseph R. Goodwin originally blocked the law but, after full briefing, ultimately concluded the state's ban was lawful. A divided panel of the Fourth Circuit put the law on hold pending further review. West Virginia requested the Supreme Court of the United States to lift the hold, and its request was denied on April 6, 2023, with Justices Samuel Alito and Clarence Thomas dissenting from the denial.Ian Millhiser wrote in Vox that the case "could be the single most important transgender rights case in American history", because it would be the first case regarding Constitutional protections against anti-trans discrimination to go before the Supreme Court, if the Court were to take the case.

NAIA Bans Transgender Athletes From Competing in Women's Sports

The National Association of Intercollegiate Athletics (NAIA) implemented a ban on transgender athletes from participating in women's sports, citing support for fair and safe competition and adherence to Title IX guidelines. The policy distinguishes participation based on biological sex, allowing only female-identified individuals to compete in NAIA-sponsored female sports. Exceptions are made for individuals not undergoing masculinizing hormone therapy. The ban takes effect on August 1, with discretion given to member institutions regarding internal and non-countable external competition participation.

Lawsuit Against NCAA Over Title IX Rights Violations

Former University of Kentucky swimmer Riley Gaines and other college athletes filed a lawsuit against the NCAA on multiple occasions in 2023 and 2024, accusing the organization of violating their Title IX rights by allowing Lia Thomas, a transgender athlete, to compete at national championships in 2022.

Caitlyn Jenner Supports Ban on Transgender Athletes in Girls' and Women's Sports Teams in New York County

Former Olympic champion Caitlyn Jenner has backed a New York county's ban on transgender athletes participating in girls' and women's sports teams in public facilities, citing concerns about fairness, Title IX protection, and physical harm. The executive order was signed by Nassau County Executive Bruce Blakeman on Feb 22. Jenner, a transgender woman since 2015, has criticized trans women competing in women's sports. This move aligns with similar bans in half of the states as of 2020, impacting transgender student athletes. The ban has sparked opposition from LGBTQ advocates, including New York Gov Kathy Hochul and AG Letitia James, who see it as discriminatory and transphobic.

Transgender Swimmer Breaks Women's Records at New Jersey College Amid Controversy

Male swimmer Meghan Cortez-Fields from Ramapo College in New Jersey, who switched to women's events, broke multiple records including the 100-yard butterfly and the 200 IM, sparking controversy and backlash. Former NCAA swimmer Riley Gaines criticized the situation, questioning the fairness in women's sports and the interpretation of Title IX. Cortez-Fields, a transgender athlete, faced criticism similar to Lia Thomas for competing in women's categories after being on the men's team previously. Ramapo College stated Cortez-Fields complies with NCAA policies on transgender athletes, despite the ongoing debate.

National Organization for Women faces backlash for defending transgender athletes in women's sports

The National Organization for Women (NOW) received criticism for supporting the inclusion of transgender athletes in women's sports, with users accusing the organization of no longer representing women. NOW defended transgender athletes competing in women's categories, citing the Equality Act, but faced backlash for allegedly equating opposition to trans athletes with 'white supremacist patriarchy.' The controversy arose amid a lawsuit filed by 16 female student athletes against the NCAA for allowing transgender swimmer Lia Thomas to compete in women's championships in 2022, alleging a violation of Title IX rights.

Wisconsin Governor Vetoed Bill Banning Transgender Athletes From Competing on Teams Aligned with Gender Identity

Wisconsin Governor Tony Evers vetoed a bill passed by the Republican-controlled Legislature that sought to ban high school transgender athletes from competing on teams that align with their gender identity. Evers stated that the legislation harms LGBTQ Wisconsinites and children's mental health, and vowed to oppose policies targeting LGBTQ individuals. The bill faced opposition for being discriminatory towards transgender youth, with arguments both for and against its fairness for non-transgender athletes. The Wisconsin Interscholastic Athletic Association mandates hormone therapy for transgender athletes, similar to NCAA guidelines. A Biden administration proposal aims to prevent blanket bans on transgender athletes, citing Title IX violations.

Supreme Court rejects emergency appeal for charity drag show at Texas university campus

The Supreme Court denied a university student group's emergency petition to host a charity drag show on the West Texas A&M University campus, sparking a legal battle over free speech rights and LGBTQ inclusion. The group, Spectrum WT, faced opposition from the university's president who labeled drag shows 'misogynistic'. The court's decision means the event on March 22 is unlikely to proceed, with ongoing legal proceedings in the 5th U.S. Circuit Court of Appeals. The Foundation for Individual Rights and Expression is supporting the students' fight for First Amendment rights.

Investigation opened into handling of transgender student's death at an Oklahoma school district

The U.S. Department of Education is investigating the handling of a nonbinary 16-year-old student's death at Owasso High School in Oklahoma, following allegations of sex-based harassment leading to the tragic incident. The investigation, initiated in response to a complaint filed by the Human Rights Campaign, aims to determine if the district failed to address discrimination and harassment, potentially violating Title IX. The cause of Nex Benedict's death, a day after a fight in a school bathroom, remains unclear.

Gender identity under Title IX (Wikipedia)

Title IX of the United States Education Amendments of 1972 prohibits discrimination "on the basis of sex" in educational programs and activities that receive financial assistance from the federal government. The Obama administration interpreted Title IX to cover discrimination on the basis of assigned sex, gender identity, and transgender status. The Trump administration determined that the question of access to sex-segregated facilities should be left to the states and local school districts to decide. The validity of the executive's position is being tested in the federal courts.

U.S. Supreme Court Declines to Hear Case Involving Drag Show Ban at Texas College

The Supreme Court denied a request by a Texas college student group to host a drag show on campus, citing the school's decision to prohibit the performance. The group's claim of a First Amendment violation was not resolved by the court, meaning the show cannot proceed while litigation continues. The case involves West Texas A&M University, where the university president declined the group's request, calling the performance exaggerating and stereotypical. The case will now be heard by the conservative 5th US Circuit Court of Appeals after the Supreme Court declined involvement, marking the second drag controversy the court has not intervened in this term.

Controversy Over Referees in Iowa's Win Against West Virginia in NCAA Tournament

In a physical game, Iowa defeated West Virginia 64-54 with critics highlighting a significant disparity in fouls and free throws, with Iowa shooting 25-of-30 from the line compared to West Virginia's 5 attempts. Milwaukee Bucks' Damian Lillard criticized the referees, sparking social media uproar with some insinuating a conspiracy theory about the NCAA. The controversy reflects the growing relevance and respect for women's basketball as debates over refereeing decisions intensify. Similar criticisms were also observed in recent games, showcasing the ongoing scrutiny of officiating in women's basketball.

Reno v. American Civil Liberties Union (Wikipedia)

Reno v. American Civil Liberties Union, 521 U.S. 844 (1997), was a landmark decision of the Supreme Court of the United States, unanimously ruling that anti-indecency provisions of the 1996 Communications Decency Act violated the First Amendment's guarantee of freedom of speech. This was the first major Supreme Court ruling on the regulation of materials distributed via the Internet.

Title IX (Wikipedia)

Title IX is the most commonly used name for the landmark federal civil rights law in the United States that was enacted as part (Title IX) of the Education Amendments of 1972. It prohibits sex-based discrimination in any school or any other education program that receives funding from the federal government. This is Public Law No. 92‑318, 86 Stat. 235 (June 23, 1972), codified at 20 U.S.C. §§ 1681–1688.Senator Birch Bayh wrote the 37 words of Title IX. Bayh first introduced an amendment to the Higher Education Act to ban discrimination on the basis of sex on August 6, 1971, and again on February 28, 1972, when it passed the Senate. Representative Edith Green, chair of the Subcommittee on Education, had held hearings on discrimination against women, and introduced legislation in the House on May 11, 1972. The full Congress passed Title IX on June 8, 1972. Representative Patsy Mink emerged in the House to lead efforts to protect Title IX against attempts to weaken it, and it was later renamed the Patsy T. Mink Equal Opportunity in Education Act following Mink's death in 2002. When Title IX was passed in 1972, only 42 percent of the students enrolled in American colleges were female.The purpose of Title IX of the Educational Amendments of 1972 was to update Title VII of the Civil Rights Act of 1964, which banned several forms of discrimination in employment, but did not address or mention discrimination in education.

West Virginia Gov Jim Justice Vetoes Bill on School Vaccination Policies

West Virginia Governor Jim Justice vetoed a bill that would have loosened the state's strict school vaccination policies, which currently only offer medical exemptions. West Virginia stands out as one of the few states in the U.S. with such stringent vaccination requirements. The veto was in line with the advice of medical professionals who opposed the bill. Justice emphasized the importance of protecting children from preventable diseases like measles and highlighted the need to follow medical expert guidance. The decision to veto the bill came after facing pressure from health care leaders, educators, and parents.

Lambda Legal (Wikipedia)

The Lambda Legal Defense and Education Fund, better known as Lambda Legal, is an American civil rights organization that focuses on lesbian, gay, bisexual, and transgender (LGBT) communities as well as people living with HIV/AIDS (PWAs) through impact litigation, societal education, and public policy work.

Judge Rules in Favor of Ja Morant in Self-Defense Case

Shelby County Circuit Court Judge Carol Chumney ruled that Ja Morant acted in self-defense when a teenager accused him of punching during a pickup game at his parents' home in 2022, citing Tennessee law. The judge stated that under Tennessee law, a provocateur cannot invoke self-defense, and evidence supported Morant's claim of being hit in the face with a basketball by the plaintiff, Joshua Holloway. Holloway's lawsuit accusing Morant of assault during the game was dismissed.

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West Virginia University students, led by senior Mailyn Sadler, protested against cuts to programs in world languages, creative writing, and more, due to a $45 million budget deficit on August 21, 2023, outside Stewart Hall in Morgantown, WV. Sophomore Christian Adams had enrolled at WVU with the expectation of studying Chinese and pursuing a career in labor or immigration law.

Ashcroft v. American Civil Liberties Union (Wikipedia)

Ashcroft v. American Civil Liberties Union, 535 U.S. 564 (2002), followed by 542 U.S. 656 (2004), was a decision of the United States Supreme Court, ruling that the Child Online Protection Act (COPA) was unconstitutional as a violation of the First Amendment's guarantee of freedom of speech.

Legal recognition of non-binary gender (Wikipedia)

Multiple countries legally recognize non-binary or third gender classifications. These classifications are typically based on a person's gender identity. In some countries, such classifications may only be available to intersex people, born with sex characteristics that "do not fit the typical definitions for male or female bodies."

Lawsuit Alleges Negligence in Sexual Abuse Case at Portland Public Schools

A young girl and her guardian have sued an Oregon nonprofit organization, Portland Public Schools, and Multnomah County for $9 million, claiming negligence in addressing sexual abuse by male classmates at school and during an after-school program. Incidents included nonconsensual sexual touching and rape, with allegations of failure to notify law enforcement promptly. Portland Public Schools stated it is investigating and mandated reporters, while Multnomah County and Latino Network are working with legal representation. The lawsuit was filed in Circuit Court in Multnomah County on March 20.