No dismissal for defendants in W.Va. transgender athletes case

A federal judge has denied motions from state and local officials to dismiss a lawsuit over a new law affecting transgender athletes from West Virginia.

Joseph Goodwin

US District Judge Joseph Goodwin ruled that middle school student Becky Pepper-Jackson, the plaintiff, had shown that she was affected by the new law.

“She has sufficiently alleged injury – that she is treated differently because of sex,” wrote the judge.

Goodwin concluded that the state school board, Harrison County School Board, and West Virginia Secondary Schools Activities Commission should not be fired because everyone would have a role to play in enforcing the law. The same goes for officials like State Superintendent Clayton Burch and Harrison County Superintendent Dora Stutler, who are indicted based on their positions in the lawsuit.

Judge Goodwin previously issued an injunction on the case, ruling in favor of the young athlete’s position for the second time. Although the injunction suspended the application of the law for the time being, longer-term issues are still being examined by the federal court.

Loree Stark

“We have been saying all along that this law is not only cruel and stigmatizing, but also unconstitutional. With today’s verdict, we look forward to proving our case in court, ”said Loree Stark, Legal Director of ACLU-West Virginia.

This year, West Virginia has joined dozen of states restricting transgender athletes from participating in sports teams.

House Bill 3293 defines male and female “solely on the basis of reproductive biology and genetics of the individual at birth”. It states, “Any student harmed by violating this section can file a lawsuit against a district education agency or college that is” allegedly responsible for the alleged violation “- intended to facilitate legal proceedings against anyone who claims that a transgender athlete has gained an advantage in sports.

Becky Pepper-Jackson attorneys – or BPJ as it is called in court records – are seeking the law under the directive of Title IX and the constitutional equality clause.

“HB 3293 requires every defendant to prevent BPJ from playing on girls’ sports teams; no future factual development will change this effect, ”wrote Goodwin.

“Second, and in accordance with my injunction judgment, BPJ has argued adequately that if this law is enforced against them, it will face hardship.”

Each of the companies that wanted to be dismissed by the lawsuit argued that they did not initiate the contested law.

For example, the State Board of Education claims that not only was it not pushing for the law, but it was also not the place to get it enforced.

“Actual enforcement of West Virginia Code 18-2-25d, which plaintiff claims leads to her breach, will not and will not be done by WVBOE and / or Superintendent Burch,” wrote State Board attorneys.

“WVBOE and Superintendent Burch did not enforce the law against the plaintiff and will not enforce the law against the plaintiff in the future either.”

Becky Pepper-Jackson, the lawsuit says, was born a man but identified as a girl at a young age. In the third grade, she lived at home as a girl and told her mother and father that she did not want to go to school disguised as a boy.

In the past few years, she was diagnosed with gender dysphoria and received puberty delay treatment for almost a year when West Virginia passed the Transgender Athlete Act. The lawsuit was intended to ensure that she was able to assert her hopes of trial training for the Bridgeport Middle School cross-country and track teams.

“I just want to run and the state wants me to prevent me from running as part of a team at my school,” Becky said in an ACLU-West Virginia press release. “I love running and being part of a team, and West Virginia state should explain in court why they won’t let me.”

Becky Pepper-Jackson

Goodwin’s order also included an analysis of how the judge would use the pronouns in the future.

Because of the way West Virginia law is drawn up, the judge determined that it will be necessary to distinguish between men and women assigned at birth regardless of their gender identity. So when referring to the sex assigned at birth, the judge said he would use “biologically masculine” and “biologically feminine”.

Otherwise, Goodwin wrote, “I will use the pronouns associated with a person’s gender identity. I am not expressing any political, legal or other opinion on any subject in this case. “

However, the judge stated, “I will not instruct any litigant to use the language I am using.”

No dismissal for defendants in W.Va. transgender athletes case