Fourth Circuit U.S. Court of Appeals Holding on Transgender Athlete Ban
West Virginia Cannot Block a Transgender Girl From School Sports
A West Virginia law originally introduced as the “Save Women’s Sports Act” provides that “athletic teams or sports designated for females, women, or girls shall not be open to students of the male sex,” while defining “male” as “an individual whose biological sex determined at birth is male.” Because West Virginia law and practice have long provided for sex-differentiated sports teams, the act’s sole purpose — and its sole effect — is to prevent transgender girls from playing on girls’ teams. The question before us is whether the act may lawfully be applied to prevent a 13-year-old transgender girl who…
