W.Va. to Appeal to Supreme Court on Transgender Ruling

(Photo by Patrick Smith/Getty Images)

West Virginia plans to file an appeal to the Supreme Court regarding the state’s restrictions of transgender athletes, the attorney general said Wednesday.

“This is a significant case to bring to the Supreme Court, and it will potentially set precedent for the entire country,” West Virginia Attorney General Patrick Morrisey told reporters at the state capitol in Charleston.

Morrisey’s announcement comes a week after a federal appeals court ruled in favor of a transgender teenager who sued West Virginia over the state’s law barring biological boys from competing in girls’ sports. On Tuesday of last week, the Fourth Circuit Court ruled 2-1 in favor of Becky Pepper-Jackson, 13, who was represented by Joshua Block, an attorney for the American Civil Liberties Union. “This is a tremendous victory for our client, transgender West Virginians, and the freedom of all youth to play as who they are,” Block said in a statement. “It also continues a string of federal courts ruling against bans on the participation of transgender athletes and in favor of their equal participation as the gender they know themselves to be.”

Speaking to Newsmax last week, Morrisey said regarding the decision, “This is a deeply disturbing ruling because I think that the Fourth Circuit just got it completely wrong. We know that in America, there has been separation on the basis of sports for a very long time. People know about Title IX and the effort to try to afford equal opportunities to women.”

According to Morrisey, West Virginia plans to appeal to the Supreme Court at some point “over the next month,” adding that the timeline is important for their chances at a favorable ruling. “We want to make sure we’re going to time our filing to maximize the chance this case is going to be heard and, most importantly, that we will win,” he said.

Morrisey, who is also running for governor of West Virginia added, “This is one of the most important cases that my office has handled over the past 12 years. We are vigorously defending the law, and that law is reasonable. It’s based on biology, and it’s based on fairness. We are working to defend the integrity of women’s sports. We must protect our young women.”

With multiple states issuing their own directives on the transgender issues it appears likely one will eventually end up at the highest court in the land. Last year, the Supreme Court declined the hear the previous appeal by West Virginia on the issue of transgender athletes. Justices Thomas and Alito dissented from the decision.