Federal Judge Upholds West Virginia “Save Women’s Sports” Law Banning Trans Athletes From Girls Sports
A federal judge in West Virginia He upheld a state law that forbids biological male student athletes from identifying as female. playing on girl’s school sports teams.
Judge Joseph R. Goodwin You can find the Southern District of West Virginia The ruling was Thursday H.B. 3293, the “Save Women’s Sports Bill,” Which defines “girl” “woman” For secondary school sports, a biologically female is considered to be “constitutionally permissible.” The Court found that West Virginia’s Definition of “biological sex” School sports are “substantially related to its important interest in providing equal athletic opportunities for females.”
“I have no doubt that H.B. 3293 aimed to politicize participation in school athletics for transgender students,” Goodwin wrote. “Nevertheless, there is not a sufficient record of legislative animus. Considering the law under the intermediate scrutiny standard, I find that it is substantially related to an important government interest.”
The law, which was first introduced in March 2021, one of several recent attempts at Republican-controlled state legislatures bar transgender student athletes You should not be competing with other members of the same sex. Critics These efforts are discriminatory, hateful and even harmful to transgender youth. Supporters You can counter that biological differences between male and female transgender athletes and girls make them ineligible for physical competition and can limit women’s opportunities.
ARIZONA GOV. DUCEY SIGNS LEGISLATION BARRING TRANSGENDER FEMALES FROM PLAYING GIRLS SPORTS
Demonstrators Listen to the speech program during an “Our Bodies, Our Sports” For the 50th anniversary of Title IX Freedom Plaza On June 23, 2022 Washington, D.C.
(Anna Moneymaker/Getty Images)
West Virginia Gov. Jim Justice Signed the Save Women’s Sports Act In law April 29, 2021.
(Reuters)
The “Save Women’s Sports Bill” The American Civil Liberties UnionIt represents Becky Pepper-Jackson, a transgender middle-school student who was banned from joining the girl’s cross-country team. The ACLU argued that the law was infringed Pepper Jackson’s Rights below the 14th Amendment’s Equal Protection Clause Title IX is a federal statute that prohibits discrimination based on sex.
Goodwin We all agreed that the law was created to. “prevent transgender girls from playing on girl’s sports teams,” But, he said that it was legal if there was a substantial public interest in doing this.
He We declined to define the terms “girl” Or “women,” writing, “the courts have no business creating such definitions, and I would be hardpressed to find many other contexts where one’s sex and gender are relevant legislative considerations.” HoweverHe also pointed out the biological differences that exist between men and women that are relevant for athletic competition.
“While some females may be able to outperform some males, it is generally accepted that, on average, males outperform females athletically because of inherent physical differences between the sexes. This is not an overbroad generalization, but rather a general principle that realistically reflects the average physical differences between the sexes,” Goodwin wrote.
During a pro-transgender march, a protester supports the promotion of transgender ideology at schools.
(Mark Kerrison/In Pictures via Getty Images)
From From left to right Chelsea Mitchell, Selina Soule Alanna SmithThree former Connecticut high school track athletes, listen during an “Our Bodies, Our Sports” For the 50th anniversary of Title IX Freedom Plaza On June 23, 2022 Washington, D.C.
(Anna Moneymaker/Getty Images)
Though Pepper-Jackson It has taken puberty blockers, Goodwin observed, “there is much debate over whether and to what extent hormone therapies after puberty can reduce a transgender girl’s athletic advantage over cisgender girls.” He It should be noted that transgender individuals may only transition socially, and not medically or physically.
“The fact is, however, that a transgender girl is biologically male and, barring medical intervention, would undergo male puberty like other biological males. And biological males generally outperform females athletically. The state is permitted to legislate sports rules on this basis because sex, and the physical characteristics that flow from it, are substantially related to athletic performance and fairness in sports,” He ruled.
The ACLU of West Virginia It stated that it was reviewing the decision together with co-counsel in order to determine the next steps. The This ban applies to middle schools and high schools as well as colleges.
The This decision was welcomed by West Virginia Attorney General Patrick MorriseyHe defended the law in court.
University This is Pennsylvania Swimmer Lia ThomasAnd he is transgender. Kentucky Swimmer Riley GainesRight, how did he react after finishing 5th in the 200? Freestyle Finals at NCAA Swimming Diving Championships On March 18th, 2022 McAuley Aquatic Center In Atlanta.
(Rich von Biberstein/Icon Sportswire via Getty Images)
“This is not only about simple biology, but fairness for women’s sports, plain and simple,” Morrisey In a statement “Opportunities for girls and women on the field are precious and we must safeguard that future. Protecting these opportunities is important, because when biological males compete in a women’s event women and girls lose their opportunity to shine.”
The West Virginia Secondary School Activities Commission, which oversees scholastic sports, said in 2021, when the suit was filed, that it had not received any complaints about transgender athletes on girls’ teams.
A 2017 study by The Williams Institute UCLA School This is Law To estimate that, we used state-level, population-based surveys West Virginia The highest percentage (10.4%) of transgender residents in all states was from the 13-17 age group. That It equated to roughly 1,150 teenagers.
The Associated Press This report was contributed by you.
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