Five West Virginia middle school girls banned from a track and field meet last week for protesting against transgender athletes will be allowed to compete again, a judge ruled Thursday night. handed down the verdict.
Judge Thomas A. Bedell issued a preliminary injunction prohibiting the Harrison Board of Education and the school from penalizing student-athletes for their speech.
The school board denied allegations of retaliation against the students, insisting that the students were allowed to protest without interference and with the full knowledge and permission of their coaches and principal.
“However, these students, like others on the team, were subject to team rules that prohibit athletes who sustain an injury during a competition from participating in that event at the next track and field meet,” the board said. said in a statement. “This neutral, school-specific rule was in place before the student protests and has nothing to do with those protests. Other than not being allowed to participate in events, students competed in track and field meets and events without restrictions in response to the protests.
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Becky Pepper Jackson, West Virginia transgender athlete (ACLU)
West Virginia Attorney General Patrick Morrisey this week filed a brief in support of the plaintiffs and praised the judge’s decision.
“These women did not disrupt anything by protesting, and they should be praised, not punished,” Prime Minister Morrissey said in a statement to Fox News Digital. “We must teach them that it is honorable to stand up for their beliefs and address their grievances within the protections guaranteed by the Constitution.
“They don’t need to be silent,” he added. “They won by making their voices heard. We are thrilled to be able to represent these courageous young girls and let them play.”
Last week, middle school girls were banned from participating in the shot put track and field event. protest against a court decision According to the West Virginia Attorney General’s Office, the move is to prevent enforcement of the state’s Defend Women’s Sports Act.
State law prohibited transgender girls from competing in sports with biological girls. However, in a 2-1 decision, the 4th U.S. Circuit Court of Appeals sided with the American Civil Liberties Union, West Virginia Chapter, and Lambda Legal, finding that the law violated Title IX.
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West Virginia Attorney General Patrick Morrissey; (Kenny Kemp/Charleston Gazette-AP via email, file)
Last month, in a 2-1 decision, the Fourth Circuit Court of Appeals blocked the state’s Women’s Sports Protection Act, which was first signed into law in 2021. The court said the law could not legally apply to middle school transgender girls undergoing drug treatment. She has been taking puberty-blocking drugs and has openly identified herself as a girl since the third grade of elementary school.
In 2021, after the law took effect, the ACLU filed a lawsuit on behalf of a 12-year-old boy. transgender athlete Becky Pepper Jackson (BPJ) will be expelled from her middle school track and field team due to a new ban. Jackson’s lawyers argued that the law violated protections under the Fourteenth Amendment and Title IX.
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Junior high school students protest against trans athletes in shot put competition. (Luis C. Ribeiro, NY Daily News, via Getty Images)
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West Virginia is one of 24 states with laws banning biological males from participating in women’s sports.
Fox News Digital’s Ryan Moek contributed to this report.
