Curtis Tate Published

Appeals Court Blocks State Law Limiting Transgender Student Athletes

BPJ, the Harrison County student, with medium length blonde hair, and her mother, mask on her chin.
BPJ, the Harrison County student who challenged HB 3293, and her mother.

The Fourth U.S. Circuit Court of Appeals in Richmond, Virginia, for now, has ruled in favor of a transgender student in Harrison County who wanted to run on her middle school’s track team.

The student, represented by the ACLU of West Virginia and Lambda Legal, a national LGBTQ rights law firm, challenged a law enacted by the state legislature in 2021.

The law barred transgender students from participating in school sports in a manner consistent with their gender identity.

Last month, a U.S. District Court in Charleston upheld the law, House Bill 3293.

The law is now on hold while the Fourth Circuit considers the appeal. Two members of a three judge panel reinstated the preliminary injunction, and one dissented.

According to ACLU-WV, the student will be able to try out for her track team next week.