Supreme Court Is Asked to Take First Transgender Sports Case

The Supreme Court is being asked by West Virginia and an ex-collegiate soccer player to support a state law that prohibits male student athletes from presenting as females in girls’ school athletic teams.

As West Virginia and other states take action to ensure that girls and women have access to school sport, while men who identify themselves as women are filling the spots on women’s sports teams, this legal action is necessary. Idaho, Mississippi Montana, Arkansas, Florida, and Florida also have legislation that prohibits males competing in women’s sports.

Patrick Morrisey, the Republican West Virginia Attorney General, is quoted in this article.  On March 9, he announced that he was planning to file an emergency application at the Supreme Court to ask it to preserve the 2021 West Virginia law, the Save Women’s Sports Act. The U.S. Court of Appeals for the 4th Circuit injuncted the state law to be put on hold, while the American Civil Liberties Union lawsuit continues.

“This simple law demands that girls and women get their fair share of opportunities in sports,” Morrisey made these remarks at a conference.

“The recent injunction decision … is a minor setback, but we remain confident in the merits of our defense. We are resolute in protecting opportunities for women and girls in sports because when biological males win in a women’s event—as has happened time and again—female athletes lose their opportunity to shine.”

“That’s why we’re taking this case to the Supreme Court,” Morrisey stated.

Recently, the 4th Circuit reinstated a preliminary order that West Virginia’s federal district court had issued in July 2021 against the act. This year, the same district court lifted an injunction against the act. It found that the definition of “state legislature” was correct. “girl” “woman” The context of the Save Women’s Sports Act “constitutionally permissible”—and that the law complies with Title IX, a federal law that bans sex-based discrimination in education.

Injunction of the circuit court “harms biologically female athletes, too, who will continue to be displaced as long as biological males join women’s sports teams,” Morrisey stated in the emergency application.

Circuit court “decision undermines equal protection—it doesn’t advance it,” He said.

A former West Virginia State University soccer player is also preparing to petition the Supreme Court for support of the Save Women’s Sports Act.

Lainey Aristead, represented by the conservative Alliance Defending Freedom(ADF), says the courts should adhere to West Virginia law. ADF claims that West Virginia’s state statute is in violation. “a commonsense law that protects equal opportunity, fairness, and safety for women.”

Armistead, a WVSU student, played left back for Yellow Jackets and was team captain.

Armistead believes soccer is more than just soccer. “just a game”—she calls it a “passion and a life-defining pursuit,” According to court papers, the ADF was mentioned in a statement.

“Soccer was like the air I breathed growing up. I first kicked a soccer ball at 3 years old—almost as soon as I could walk,” She spoke.

“I have made many sacrifices over the course of my athletic career to play the sport that I love. I have missed school dances, spring breaks, family events, and friends’ birthdays. I have given up my weekends and free time. I stay at school late for practice and get up early to train.”

“But I make these sacrifices because I want to be the best that I can be. I want to win—not just for myself, but also for my teammates.”

ADF stated on March 9th that Armistead’s documentation would soon be filed at the Supreme Court.

Armistead had previously requested to be allowed to intervene at the federal district court in the underlying case that is headed to the Supreme Court.

The ACLU is arguing that the West Virginia statute violates Becky Pepper Jackson’s rights as middle school student. Pepper Jackson, who was born male but now identifies himself as female, is being represented by the ACLU in the lawsuit. Pepper-Jackson wasn’t allowed to participate in the cross-country girls’ team.

ACLU claims that the statute violates children’s rights under Title IX and Equal Protection Clauses in Title IX and 14th Amendment to Constitution.

The Epoch Times reached the ACLU for comment, but didn’t receive an immediate response.