Jackson, a thirteen year old transgender girl who has been taking puberty-blocking medication and has publicly identified as a girl since she was in the third grade, was barred from entering girls sports due to her being biologically male. West Virginia, where Jackson resides is a republican led state, which is one of at least 24 states that have laws preventing transgender women from competing in women’s sports.
A 4th U.S Circuit Court of Appeals, which examines if the law has been applied correctly in the trial court and does not taking in new evidence or conduct trials, ruled 2 to 1 that West Virginia’s restrictions on trans-gender athletes violates Jackson’s rights under Title IX, the federal civil rights law that has prohibited any sex-based discrimination in schools. The court blocked the bid placed forth by the state to kick her off her middle school’s cross country and track and field teams.
On April 16th, two days after the ruling, Jackson had won the shot put and placed second in the discus at her county’s middle school. 5 competitors refused to compete. One of competitors, a 14-year-old Emmy Salerno stated, at a press conference, that she hopes for the case to get revisited and she requests for all men and women who believe in womens sports to help them ‘save’ womens sports.
Jacksons case highlights the legal battle that has been ongoing over transgender rights in sports.
The participation in sports in recent times has become a key front in legislative and legal debates regarding transgender rights in the US. Many republican- led states, like Arizona, South Dakota, Nebraska, Kansas, Iowa, Kentucky, West Virginia, and Florida have implemented restrictions on trans athletes. These regions have banned gender-affirming healthcare for minors. Gender-affirming healthcare encompasses a range of medical, psychological, and supportive services meant to support and affirm one’s gender identity. These states have also imposed limitations for bathroom and locker room access for transgender individuals especially in schools.
These restrictions and prohibitions have brought in criticism from the LGBTQ+ advocacy groups for limiting access to essential healthcare services for transgender youth simply due to their gender identity.
According to Attorney general Patrick Morrisey the implications of the court decision against West Virginia’s ban being upheld, expands beyond the borders of the state as similar laws in other states could also be jeopardized.
West Virginia is now requesting the supreme court to offer input on the appeals court ruling that has allowed Jackson, a trans athlete to compete in her middle school teams.
Attorney general Patrick Morrisey has also mentioned that the state will file its case sometime next month. In his opinion West Virginia’s law is ‘reasonable’ due to boys having a competitive advantage as they are bigger, faster and stronger.
He added ‘There is nothing equal about having males compete against men and women. Gender identity is beside the point.’
This case brings to light many questions and debates that are sensitive yet important. It brings into picture the intricate balance that must exist between what is biologically unfair and what is emotionally needed. It highlights the difficulties that exist with making sure that every citizen is able to live a life filled with dignity and freedom but also how that must not affect someone else.
It poses the question, how much importance should be given to the rights of a marginalized community when these rights conflict with the preference of the general public?
Sites referenced:
Name: Sruti, BBA-LLB, College: Symbiosis law school, Intern under Legal Vidhiya.
- https://apnews.com/article/west-virginia-transgender-sports-ban-appeal-6aa0c298297e903226a191cf452371a3
- https://www.nbcnews.com/nbc-out/out-news/federal-appeals-court-overturns-west-virginias-transgender-sports-ban-rcna148032
- https://www.usnews.com/news/us/articles/2024-04-24/west-virginia-says-it-will-appeal-ruling-that-allowed-transgender-teen-athlete-to-compete
Disclaimer: The materials provided herein are intended solely for informational purposes. Accessing or using the site or the materials does not establish an attorney-client relationship. The information presented on this site is not to be construed as legal or professional advice, and it should not be relied upon for such purposes or used as a substitute for advice from a licensed attorney in your state. Additionally, the viewpoint presented by the author is of a personal nature
0 Comments