Morrisey Appeals Block Of Transgender Athlete Ban To SCOTUS

Attorney General Patrick Morrisey has asked the U.S. Supreme Court to overturn an appeals court decision that blocked a West Virginia law. 

House Bill 3293, known as the Save Women’s Sports Act, was signed into law by Gov. Jim Justice in 2021 and prohibits transgender students from participating on girls’ athletic teams or sports where competitive skill or contact is involved.

Morrisey had already announced his intention to appeal the Fourth Circuit Court of Appeals in Richmond, Virginia decision in BPJ vs West Virginia State Board of Education when it was handed down in April. 

The American Civil Liberties Union, the ACLU of West Virginia, Lambda Legal and Cooley LLP challenged the law on May 8, 2021, on behalf of Becky Pepper Jackson, a now 13-year-old middle school transgender girl who would be kicked off her middle school’s girls’ cross country and track and field teams if the law were enforced.

During the press conference Thursday, he called the law “plain common sense.”

“This is about preserving the integrity of women’s sports, we must protect our young women,” Morrisey said. “And that’s because this is a case about fair play.”

He went on to say that when biological males compete and win in a women’s event, female athletes lose their opportunity to shine.

“This isn’t fair on any level, boys have a competitive advantage,” Morrisey said. “They’re bigger, they’re faster, they’re stronger whether or not they’ve gone through puberty or not. Many major athletic organizations are recognizing that and passing rules limiting biological boys and men to men’s sports.”

Morrisey said Jackson “displaced” hundreds of West Virginia student athletes by winning or having podium finishes at a recent track and field event.

“More and more girls are being displaced, and more and more opportunities are being taken away,” he said. “Tens of thousands of West Virginia student athletes shouldn’t have to wait for a fair shot to compete. And we’re seeing a process here, more and more displacement.” 

The Supreme Court last year declined to take the case when Morrisey asked. That was before the Fourth Circuit ruled that the law violated Title IX protections for gender equality in school sports.

Morrisey said at least two Supreme Court justices have expressed an interest in hearing similar cases. He said he expects to hear back as soon as October on whether the court will docket the case to be heard next year.