The state's law was challenged by a 12-year-old transgender girl named Becky Pepper-Jackson, who has lived as a girl since fourth grade, according to court papers.
Becky Pepper-Jackson has presented as a girl since fourth grade. The 12-year-old is at the center of a legal dispute that is at the Supreme Court.The U.S. Supreme Court refused Thursday to intervene in an ongoing case involving West Virginia's law banning transgender girls from participating in girls' sports teams at school. Conservative Justices Samuel Alito and Clarence Thomas dissented.
In this case, West Virginia's law was challenged by a 12-year-old middle school transgender girl named Becky Pepper-Jackson, who has lived as a girl since fourth grade, according to court papers. Briefs in her case say she is now receiving"puberty-delaying treatment and estrogen hormone therapy," so she"has not experienced and will not experience endogenous puberty.
The ACLU, Lambda Legal, and private lawyers representing Becky and her mother, appealed the ruling and won a preliminary order from the Fourth Circuit Court of Appeals that precludes the law being enforced while the appellate court considers her case. The state defended its ban on transgender participation in sports, contending that"biological differences between males and females matter in sports." Separating teams by sex assigned at birth violates neither the Fourteenth Amendment guarantee to equal protection of the law nor federal anti-discrimination law, the state said.
It"is telling that the defendants in this litigation closest to [Becky's] actual participation—the Harrison County School Board and Superintendent—have not sought this Court's emergency intervention, and have 'stipulated' ... that [her] participation in girls track and field did not cause 'any disruption,'" the ACLU said in its brief.
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