CHARLESTON, W.Va. (WCHS) — West Virginia’s attorneys general asked the U.S. Supreme Court on Thursday to take up an appeal of a lower court ruling that blocked a law preventing biological males who identify as females from competition on girls’ sports teams.
After similar laws went into affect in 25 states across the nation, Patrick Morrisey filed a petition to reverse a federal appeals court decision that blocked the Save Women’s Sports Act from going into effect.
Becky Pepper-Jackson, a transgendered school athlete, and the American Civil Liberties Union challenged the law in 2021. During which, a federal judge ruled that the law could be enforced during the appeals process, but Pepper-Jackson second appeal would see the Circuit Court reverse the decision upholding it.
Morrisey argues that the law is constitutional and complies with Title IX, a federal law that prohibits sex discrimination in school sports
“This is a significant case to bring before the U.S. Supreme Court,” he said. “It could potentially set precedent for the entire country.”
Morrisey, joined by soccer player Lainey Armstead, argued that the new laws protect women who participate in school sports.
“Women and girls need to be protected and that’s what Title IX was made to do in the first place,“ Armstead said.
Morrisey says it’s time to go back to the high court, which is also facing questions on the federal law that bans sex discrimination in school and school sports. An appeals court found the West Virginia law was infringing on Pepper-Jackson’s civil rights.
“Rest assured, we’re going to be using all of our legal tools to defend this commonsense law that’s based on biology and fairness,” Morrisey said. ”This is about preserving the integrity of women’s sports.”
Sports participation is at the center of legal battles over the role of transgender people in public life. The ACLU responded to the news saying Pepper-Jackson “deserves the opportunity to participate in sports teams without discrimination” and that it will make that legal position clear to the court.