The U.S. Supreme Court will hear arguments Tuesday on the legality of laws banning transgender girls and women from competing in sports consistent with their gender identity. West Virginia is defending its Save Women’s Sports Act, which requires student-athletes in middle school, high school, and college to participate on teams corresponding to their sex assigned at birth.
Attorney General JB McCuskey said the law is “constitutional, legal, and common sense,” emphasizing that it draws lines based on biological sex rather than gender identity. The law bars male students from competing on girls’ teams in competitive or contact sports, but allows trans girls to participate on boys’ or co-ed teams.
The law, passed in 2021, was challenged by the ACLU on behalf of a transgender middle school athlete, Becky Pepper-Jackson, who claims it violates Title IX and equal protection rights. West Virginia. appealed to the Supreme Court after losing in federal appeals courts, which found the law could violate protections guaranteed to all individuals.
Opponents argue the law unfairly targets a small number of students, while McCuskey maintains it ensures a level playing field for biological females. He stated, “Men are just bigger, faster, and stronger than women… it is unfair to make biological women compete against people with an immutable physical characteristic that gives them a competitive advantage.”
The case has drawn national attention as one of the few of its kind in the U.S., highlighting the ongoing debate over transgender participation in school athletics. The ACLU argues that excluding transgender students makes schools less safe and more harmful for children.