West Virginia to ask Supreme Court to allow transgender girls sports ban

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West Virginia to ask Supreme Court to allow transgender girls sports ban
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A law that prevents transgender girls from participating in girls' sports was blocked by lower court.

Then-Republican U.S. Senate candidate Patrick Morrisey speaks at a campaign event October 22, 2018 in Inwood, West Virginia.the conservative-majority Supreme Court to allow the state to enforce a ban on transgender athletes participating in girls' sports.

Morrisey, a Republican, said he would file an emergency application at the court later on Thursday. If his request is granted, the state would be able to enforce a law enacted in 2021 called the Save Women's Sports Act. In barring transgender girls from participating in girls' sports at middle school, high school and college levels, the law says gender is "based solely on the individual's reproductive biology and genetics at birth." As such, a female is a person "whose biological sex determined at birth as female," the law says.

"We are resolute in protecting opportunities for women and girls in sports because when biological males win in a women's event — as has happened time and again — female athletes lose their opportunity to shine," Morrisey said in a statement. The law was challenged by a then-11-year-old transgender girl, Becky Pepper-Jackson, who wanted to try out for the cross country and track teams in middle school. She is backed by the American Civil Liberties Union and LGBTQ group Lambda Legal.

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