Patrick Morrisey : West Virginia Appeals Transgender Athlete Ban to Supreme Court | News, Sports, Jobs

photo by: Steven Allen Adams

West Virginia Attorney General Patrick Morrisey and former West Virginia State University women’s soccer team captain Lainey Armistead announced Thursday that they filed with the U.S. Supreme Court an appeal of a federal court decision regarding the state’s ban on transgender student-athletes.

CHARLESTON — Following a ruling by a three-judge federal appeals court panel against West Virginia’s ban on transgender student-athletes participating in sports for biological males and females, Attorney General Patrick Morrisey has vowed to take the case to the U.S. Supreme Court.

In a press conference held Thursday afternoon, Morrisey revealed that the Attorney General’s Office had submitted a petition to the U.S. Supreme Court after the U.S. Fourth Circuit Court of Appeals blocked the enforcement of House Bill 3293 in April. The bill, also known as the Save Women’s Sports Act, relates to single-sex participation in interscholastic athletic events.

“Today, we have filed a petition before the U.S. Supreme Court seeking to overturn the divided Fourth Circuit Court of Appeals decision in April that enjoined the West Virginia Save Women’s Sports Act,” Morrisey stated. “This case is of great importance to our office and the state as a whole. We are committed to utilizing all legal means to defend this law, which is grounded in biology and fairness.”

HB 3293, which was passed by the West Virginia Legislature in 2021, mandates that student-athletes in middle school, high school, or college participate in sports based on their sex assigned at birth. The law extends to sports governed by the NCAA and other college interscholastic organizations.

One of the key plaintiffs challenging HB 3293 is Becky Pepper-Jackson, a 13-year-old girl who competes in cross country and track and has identified as female since the third grade. Pepper-Jackson and her mother are being represented by Lambda Legal, the American Civil Liberties Union, and Cooley LLP.

“As the Fourth Circuit unequivocally stated, our client deserves the right to participate in sports teams without facing discrimination,” representatives for Pepper-Jackson asserted. “We will present our case to the Court and continue to advocate for the rights of all students to compete authentically.”

The case has already traversed the Fourth Circuit and the U.S. Supreme Court. Initially, a lower court permitted the enforcement of HB 3293 before the Fourth Circuit intervened, halting the law’s implementation while the case was pending. Morrisey’s previous attempt to appeal the Fourth Circuit’s decision to the Supreme Court was rejected, preventing the enforcement of HB 3293.

“This is about safeguarding the integrity of women’s sports,” Morrisey emphasized. “We must safeguard the opportunities for young women, as this is fundamentally about fair competition. It’s a matter of common sense, and we urge the Supreme Court to intervene and uphold what is right.”

Morrisey highlighted that 25 other states have similar cases that could be impacted if the Supreme Court accepts West Virginia’s case. Idaho Attorney General Raul Labrador also lodged a similar appeal to the Supreme Court on the same day.

“The Supreme Court should expedite the consideration of this case as more girls are being displaced and their opportunities curtailed,” Morrisey urged. “Tens of thousands of student-athletes in West Virginia should not have to wait for a level playing field to compete.”

Joining Morrisey at the press conference was Lainey Armistead, a West Virginia State University alumna, former captain of the WVSU women’s soccer team, and current law student at Stetson University in Florida. Armistead intervened in the Pepper-Jackson lawsuit in support of Morrisey and is represented by the Alliance Defending Freedom.

“There are real consequences to the assertion that men can identify as women,” Armistead remarked. “We cannot stand by as the government promotes an ideology that threatens to reverse 50 years of progress for women. I am proud to stand and call on the Supreme Court to uphold justice and protect young women.”

Armistead disclosed that while competing in college athletics, she did not encounter any transgender female athletes. However, she had conversations with fellow student-athletes about their encounters.

“I was fortunate not to face the humiliation of competing against a biological male whom I stood no chance against,” Armistead shared. “The ACLU seeks to rescind this law and jeopardize the safety of women and girls in West Virginia. Women and girls deserve assurance that their privacy and dignity are respected in locker rooms, restrooms, and accommodations. They are entitled to a fair sporting environment and the privacy respect I enjoyed as a female athlete. Every girl merits such consideration.”