West Virginia Attorney General Discusses Supreme Court Case Involving Trans Athlete

West Virginia Attorney General John McCaskey has shared his thoughts on the upcoming Supreme Court case concerning transgender athlete Becky Pepper Jackson. This comes after 130 Assembly Democrats submitted a brief supporting her.

In July 2024, Pepper Jackson initiated the case known as West Virginia v. BPJ. She challenged a state law named the Girls’ Sports Preservation Act, aiming to allow her to compete in girls’ high school cross country and track teams. The case is now set to be reviewed by the U.S. Supreme Court starting in January.

“The Save Women’s Sports Act is aimed at ensuring fairness and safety in sports for all participants. It doesn’t exclude anyone from competing; it allows biological males to compete against other biological males but not against biological females,” McCaskey stated in comments relayed by the law firm Alliance Defending Freedom.

He added, “Women and girls have seen their positions on sports teams diminished, lost chances for championships, and even suffered injuries while competing against stronger, faster males. This lawsuit seeks to uphold the achievements gained through Title IX and primarily to safeguard female athletes.”

Becky Pepper Jackson previously secured a preliminary injunction that enabled her participation in her school’s sports teams. However, the Fourth Circuit Court of Appeals later ruled that the law breached Title IX and the Equal Protection Clause. Now, the Supreme Court has agreed to hear the state’s appeal.

Heather Jackson, the athlete’s mother, contends that the state’s law banning transgender athletes from women’s sports infringes on Title IX rights. Yet, Title IX does not clearly ensure that biologically male transgender individuals can classify themselves as women. The administrations under Trump and the current West Virginia government have not interpreted Title IX in that manner.

On another note, 130 Democrats, including nine senators and 121 House members, have signed the supportive brief for Pepper Jackson. Notable signatories are Alexandria Ocasio-Cortez and Ilhan Omar, as well as House Minority Leader Hakeem Jeffries and former Speaker Nancy Pelosi. Interestingly, moderate figures like Senator John Fetterman and Senate Minority Leader Chuck Schumer are absent from the list.

The brief states, “Robust bans, as seen in West Virginia and Idaho, impede the protections and inclusion of transgender students in educational environments.” It also backs another transgender athlete, Lindsey Hecox, whose case is set to be reviewed by the Supreme Court in January.

Lindsey Hecox filed the lawsuit Little v. Hecox in 2020 after she was denied the opportunity to join Boise State University’s women’s cross country team due to a state law prohibiting transgender athletes from competing in women’s sports. Alongside her, a biological female student, referred to as Jane Doe, expressed concerns about potential gender verification processes. Their challenge succeeded when a federal judge blocked the state law in Idaho.

The 9th Circuit Court of Appeals upheld an injunction against the state law in 2023, and the Supreme Court agreed to hear the case in July. However, Hecox requested a dismissal of the challenge last month, stating she has decided to withdraw from women’s sports altogether.

In September, Hecox attempted to have the case dismissed post the Supreme Court’s agreement to hear it, but U.S. District Judge David Nye denied her request.