A federal judge in West Virginia has upheld a state law that bans biological male student athletes who identify and present themselves as female. playing on girl’s school sports teams,
Judge Joseph R. goodwin Southern District of West Virginia On Thursday it ruled that HB 3293, the “Save Women’s Sports Bill,” which defines “girl” and “woman” as biologically female for the purposes of secondary school sports, “is constitutionally acceptable. ” The court found that West Virginia’s definition of “biological sex” for school sports “is related to a vital interest in providing equal athletic opportunities for women.”
Goodwin wrote, “I have no doubt that HB 3293 is intended to politicize participation in school athletics for transgender students.” “Nevertheless, there is not a substantial record of legislative antagonism. In placing the law under the intermediate scrutiny standard, I find that it is substantially related to a significant government interest.”
The legislation, to be introduced in March 2021, is one of several recent efforts by Republican-controlled state legislatures bar transgender student athlete By competing with members of the opposite sex. Critics say such efforts are hateful, discriminatory and even harmful towards transgender youth. Proponents contend that male and female biological differences make physical competition between transgender athletes and girls unfair and may deprive women of opportunities.
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Protesters listen to the speech event during the “Our Bodies, Our Sports” rally for the 50th anniversary of Title IX at Freedom Plaza on June 23, 2022 in Washington, DC.
(Anna Moneymaker/Getty Images)
West Virginia Gov. Jim Justice signed into law the Save Women in Sports Act on April 29, 2021.
(Reuters)
The “Save Women Sports Bill” was challenged by the American Civil Liberties Union, representing Becky Pepper-Jackson, a transgender middle school student who was barred from joining the girl’s cross-country team. The ACLU argued that the law violated Pepper Jackson’s rights. equal protection clause of the 14th amendment and Title IX, a federal statute that prohibits discrimination based on gender.
Goodwin agreed that the law was designed to “prevent transgender girls from playing on girls’ sports teams”, but said it was legally acceptable if there was a substantial government interest in doing so.
He declined to define the terms “girl” or “woman”, writing, “The courts have no business making such definitions, and I would be hard pressed to find many other contexts where one’s sex and gender are relevant legislative considerations.” Huh.” However, he pointed to biological differences between men and women relevant in athletic competition.
“While some women may be able to perform better than some men, it is generally accepted that, on average, men perform better athletically because of the inherent physiological differences between the sexes. This is not a sweeping generalization. is, but rather, a general principle that reflects the realistic .average physiological difference between the sexes,” Goodwin wrote.
A protester in support of promoting transgender ideology in schools during a pro-transgender march.
(Mark Kerrison/In Pictures via Getty Images)
From left to right, Chelsea Mitchell, Selina Soule and Alana Smith, three former Connecticut high school track athletes, listen during the “Our Bodies, Our Sports” rally for the 50th anniversary of Title IX at Freedom Plaza on June 23, 2022. Washington DC
(Anna Moneymaker/Getty Images)
Although Pepper-Jackson has took a puberty blocker, Goodwin said, “There is much debate as to the extent to which hormone treatment after puberty may reduce a transgender girl’s athletic advantage over cisgender girls.” He also pointed out that some transgender people may transition only socially, not medically and physically.
“However, the fact remains, a transgender girl is biologically male and, barring medical intervention, will undergo male puberty like other biological males. And biological males generally outperform females athletically. Sports regulations are permitted to be legislated on the basis that sex, and the physical characteristics that flow from it, are substantially related to athletic performance and fairness in sport,” he ruled.
The ACLU of West Virginia said it was reviewing the decision with co-counsel to determine next steps. The ban applies to middle and high schools as well as colleges.
The decision was welcomed by West Virginia Attorney General Patrick Morris, who defended the law in court.
University of Pennsylvania swimmer Lia Thomas, who is transgender, and Kentucky swimmer Riley Gaines, right, react after finishing 5th in the 200 freestyle final at the NCAA Swimming and Diving Championships at the McAuley Aquatic Center on March 18, 2022 in Atlanta .
(Rich von Biberstein/Icon Sportswire via Getty Images)
“It’s not just about simple biology, but fairness to the women’s game, plain and simple,” Morris said in a statement. “Opportunities for girls and women on the field are priceless and we must protect that future. It is important to protect these opportunities because women and girls lose their opportunity to shine when biological men compete in women’s competition. ”
The West Virginia Secondary School Activities Commission, which oversees scholastic sports, said in 2021, when the lawsuit was filed, that it had not received any complaints about transgender athletes on girls’ teams.
A 2017 study by the Williams Institute at the UCLA School of Law used state-level, population-based surveys to estimate that more residents ages 13 to 17 in West Virginia than among all states identified as transgender. had the highest percentage (1.04%). This equates to approximately 1,150 teenagers.
The Associated Press contributed to this report.