A federal appeals court struck down on Virginia law banning transgender athletes from competing on girl’s and women’s sports teams in college and public schools. The U.S court sided with thirteen year old Becky Pepper-Jackson claiming that the law prevented her from running on the girls’ cross country and track team in middle school. The federal appeals court concluded that the state legislation violated Title IX.
Title XI is a federal civil law that prohibits sex-based discrimination in school or education programs that receive funding from the federal government. The court stated that the law couldn’t be applied to Jackson because she has only been taking puberty blockers and has identified as a girl since the third grade.
“This is a tremendous victory for our client,” ACLU West Virginian attorney said. “Also for the freedom of all youth to play as who we are.”
The Supreme Court ruled last April that the transgender girl could compete with biological girls on the middle school’s girls’ sports teams. Supreme Court justices refused to disturb an appeals court order that made it possible for the girl to continue playing on her school’s track and cross-country teams. Justices Samuel Alito and Clarence Thomas dissented from the decision.
What about the other perspective of the case? The law was first brought about by the Save Women’s Sports Act in 2021 that ordered students to play and compete as their biological gender.
According to Congress the bill states, “No governmental entity, licensing or accrediting organization, or athletic association or organization shall take any adverse action, as described in the act, against a school for maintaining separate interscholastic or intramural athletic teams or sports for students that are biological females.”
The battle of Title XI from being challenged or praised is one of the main controversies ramping up in the sports world. For Virginia, this was a win on the side of fighting for transgender rights in the youth sport community.