West Virginia is asking the high court to allow it to enforce a 2021 law allowing only those whose reproductive biology and genetics were classified as female at birth to play on girls’ teams.
Becky Pepper-Jackson has presented publicly as a girl since fourth grade, although her mother, Heather Jackson, said in court documents the child identified as a girl long before that. Her name has been legally changed. According to her brief, Becky “receives puberty-delaying treatment and estrogen hormone therapy, so has not experienced endogenous puberty.
“The Act makes the reasonable judgment that many have made before: Biological differences between males and females matter in sports,” Attorney General Patrick Morrisey . “Both Title IX and the Fourteenth Amendment allow that judgment.” U.S. District Judge Joseph R. Goodwin blocked the law from taking effect soon after the West Virginia legislature passed it, allowing Becky to try out for the teams. But seven months later, after full briefing, Goodwin concluded the law was constitutional and refused to extend his order while his decision was reviewed.
Goodwin said he agreed with Becky’s lawyers that “not one child has been or is likely to be harmed by B.P.J.’s continued participation on her middle school’s cross country and track teams.”Those lawyers appealed Goodwin’s decision to the U.S.
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