A transgender middle-schooler in West Virginia has won a landmark ruling allowing her to participate in cross-country running and track with other girls. The U.S. Court of Appeals for the 4th Circuit made the decision, stating that broad political disagreements are irrelevant when it comes to an individual’s specific reality.
The ruling comes at a time of nationwide backlash against transgender rights, with concerns being raised about trans women dominating women’s sports and children transitioning at a young age. These fears have been used to justify bans on medical treatment, preferred pronoun use, and access to public facilities for transgender individuals.
However, the court emphasized that these concerns should not be used to discriminate against transgender individuals like 13-year-old Becky Pepper-Jackson. Pepper-Jackson has identified as female for five years and has only participated in girls’ sports since elementary school. She takes medication to block male puberty and undergo female puberty, which the court deemed crucial to its decision.
The court argued that excluding Pepper-Jackson from girls’ cross-country and track teams based on fears of unfair competition is unjustifiable. It stated that forcing her to play on a boys’ team or not participate at all would expose her to the same risks that the defendants claim to be protecting cisgender girls from.
The court’s decision is based on federal civil rights law, and it does not prohibit government officials from creating separate sports teams for boys and girls. It also does not require schools to allow every transgender girl to play on girls’ teams without considering factors like puberty and levels of circulating testosterone. The ban was deemed discriminatory solely in Pepper-Jackson’s case.
The ruling was written by Judge Toby J. Heytens, a Biden appointee, and joined by Judge Pamela Harris, an Obama appointee. Judge G. Steven Agee, an appointee of George W. Bush