Federal appeals court overturns West Virginia ban on transgender athletes in women's sports

Federal appeals court overturns West Virginia ban on transgender athletes in women’s sports

The 4th U.S. Circuit Court of Appeals has overturned a West Virginia transgender sports ban, according to the Associated Press. The federal appeals court ruled that the law violated Title IX, which prevents sex-based discrimination in schools.

West Virginia implemented the law in 2021 and signed by Republican Gov. Jim Justice. However, the ACLU filed for a preliminary injunction, which was granted by the federal appeals court. The ACLU initially filed the suit on behalf of a then 11-year-old girl who wanted to compete in middle school cross country but wouldn’t be able to due to the new law.

On Tuesday, the 4th U.S. Circuit Court of Appeals ruled that the law cannot be applied to the girl, now 13 years old, who has been on puberty blockers and has identified as a girl since she was in the third grade, per the AP.

Over the last few years, nearly half the states in the United States have passed some sort of ban on transgender athletes participating in women’s sports competitions. West Virginia is one of 24 such states, and Ohio will become the 25th state in the coming weeks.

The ban in West Virginia is not the first one to be overturned by an appeals court. In 2023, the U.S. 9th Circuit Court of Appeals upheld a decision to block Idaho’s law barring transgender athletes from competing in women’s sports.