In a move that could have sweeping national implications for the rights of transgender youth, West Virginia Attorney General Patrick Morrisey and Solicitor General Lindsay See have formally urged the United States Supreme Court to hear a case involving the state’s ban on transgender girls participating in school sports. The request follows a recent federal appellate decision allowing a transgender girl, Becky Pepper-Jackson, to compete on her school’s girls’ cross-country and track teams.
West Virginia’s appeal centers on the state’s 2021 law, known as the “Save Women’s Sports Act,” which bars transgender girls from participating in female-designated school sports from middle school through college. The law was quickly challenged in court, and litigation has continued for over three years.
The Fourth Circuit Court of Appeals ruled in favor of Pepper-Jackson in April, determining that the state’s law likely violates Title IX, a federal law prohibiting sex-based discrimination in education. In a 2-1 decision, the court acknowledged that preventing a transgender girl from joining the girls’ team because she is transgender constitutes unlawful discrimination under federal protections.
Now, West Virginia officials are seeking to overturn that decision by taking it to the highest court in the country. According to their filing, the case presents an “ideal opportunity” for the U.S. Supreme Court to weigh in on the “confusion” they claim exists in the application of Title IX in cases involving transgender students.
“States must be able to preserve the integrity and fairness of women’s sports,” said Attorney General Morrisey in a press release. “This case is not just about sports; it’s about standing up for common sense, for equal opportunity, and for the future of women’s athletics.”
But for transgender youth and their advocates, the consequences of such a case are far more personal and potentially devastating.
“This is about more than sports; it’s about the right of transgender children to be seen, supported, and treated fairly under the law,” said a spokesperson for the American Civil Liberties Union, which has represented Pepper-Jackson since the case began. “She just wants to run with her friends. The state wants to make a national spectacle out of her identity.”
The case arrives amid a growing number of legal battles over transgender rights, particularly those involving school sports and access to gender-affirming care. More than 20 states have passed similar bans targeting trans athletes, with many facing legal challenges of their own. The issue is poised to become one of the defining civil rights questions of this era.
If the Supreme Court agrees to hear the case, it would be the first time the justices directly address whether Title IX protects transgender students in the context of athletics. A decision could set a nationwide precedent, either affirming transgender students’ rights or paving the way for further restrictions.
For now, Becky Pepper-Jackson is allowed to compete. But the stakes extend far beyond the track. The lives, dignity, and rights of transgender youth across the country may hang in the balance.
