Morrisey Asks U.S. Supreme Court To Hear Transgender Athlete Ban

The Supreme Court last year declined to take the case when Morrisey asked.

West Virginia’s attorney general will again ask the U.S. Supreme Court to uphold the state’s ban on transgender student athletes.

Attorney General Patrick Morrisey said Wednesday he’d ask the justices to consider BPJ vs. West Virginia State Board of Education.

The Supreme Court last year declined to take the case when Morrisey asked. That was before the Fourth U.S. Circuit Court of Appeals in Richmond, Virginia, ruled that the law, House Bill 3293, violated Title IX protections for gender equality in school sports.

There is no guarantee the justices will be any more inclined to hear the case now.

“We will be filing, over the next month, and we’re going to make sure we time our filing to maximize the chance this case is going to be heard, and most importantly, that we will win,” he said.

Morrisey, who’s running for governor in the Republican primary, appeared with former collegiate swimmer Riley Gaines, who’s become a national figure in the opposition to transgender women and girls participating in school sports.

The campaigns of Morrisey and another Republican candidate, Chris Miller, have been airing competing advertisements declaring each candidate has the stronger position against transgender student athletes.  

Another Republican rival, Secretary of State Mac Warner, said Wednesday that Morrisey should step away from the case because he lost the appeal to the Fourth Circuit.

“He should voluntarily step aside and allow competent legal counsel to defend the West Virginia law that was overwhelmingly passed by the WV Legislature and signed by Governor Justice,” Warner said.

Meanwhile, the 13-year-old student in Harrison County, Becky Pepper Jackson, continues to participate on her school’s track team.

Jack Jarvis, communications director for Fairness West Virginia, said Morrisey’s statements about transgender youth contribute to a hostile environment with increased harassment, bullying and discrimination.

“Transgender women are women, period,” Jarvis said. “If you want to support women, you need to support all women. Becky and all of the other trans youth across our state deserve to fully participate in school activities and athletic events.”

W.Va. Legislative ‘Freedom Caucus’ Pushes Far Right Agenda

Foster said the Freedom Caucus will focus on smaller government, more tax cuts and protecting personal freedoms, yet it opposes any abortions and trans health care.

Twenty-five West Virginia House of Delegates members and seven Senators make up West Virginia’s Freedom Caucus. 

Del. Geoff Foster, R-Putnam, chairs the group. Sen. Patricia Rucker, R-Berkeley is vice chair. Other Caucus leaders are Del. Bill Ridenour, R-Jefferson, and Del. Geno Chiarelli, R-Monongalia.

Foster said the Freedom Caucus will focus on smaller government, more tax cuts and protecting personal freedoms, yet it opposes any abortions and trans health care. 

“The right to murder a child is not something that the Freedom Caucus would support,’ Foster said. “Republicans in West Virginia seem to be far to the right of what’s getting passed and what the public believes, therefore, to the right of what the actual leadership is passing.”

Foster said a majority of citizens in his 20th district objected to many Republican-supported COVID-19 regulations.

“Whenever the governor shut down the state and said people couldn’t have Thanksgiving dinner and all the restaurants had to be shut down,” Foster said. “I got hundreds of phone calls — about half saying we need to do something about it, we need to keep the state open. People weren’t getting what they wanted out of the representation.” 

Foster said what he calls “reckless’ spending bills passed by more centrist Republicans do not align with caucus members’ constituencies. He said it’s “reckless” to give incentives to out-of-state companies like Nucor and Form Energy, or $45 million to a Marshall University Cybersecurity Institute. He said the state’s new business efforts won’t produce expected employment. 

“That economic development spending, in many cases, doesn’t translate down to the jobs that it promises,” Foster said. “I believe that getting rid of the burdensome red tape is the way to get businesses to come here, not just taking West Virginia tax dollars and giving it to an out-of-state business.”

The state’s conservative West Virginia Chamber of Commerce gave Foster and other Freedom Caucus leaders middle of the road scores in assessing votes on business-related issues and leadership qualities. Foster chuckled in considering the Chamber “conservative.”

“I don’t believe that the Chamber of Commerce is conservative, or has the same issues in mind,” Foster said. “I believe I supported 80 percent of the bills that they suggested were good bills, but then I got somewhere around a 50 percent rating. It’s a very odd rating system that they have.”

Foster said the Freedom Caucus will get involved in primary elections and have its own scorecard for how legislators vote on the bills they plan to present.

“That’s going to be public information,” he said. “Also, we will send it out to the delegates, so they know where they’re falling. There’s going to be prior announcements of bills and issues that are supported by the Freedom Caucus.”

Foster said for many issues, there’s no middle ground, no compromise. 

“We will vote for what’s best for the people,” Foster said, “What West Virginians want is people that are willing to fight for the issues that they’re impressing on us that are important to them.”

Donna Boley, The Longest Serving State Senator

Since Boley first started working in the state Senate there has been seven governors and seven US presidents.

In 1991, Donna Boley was the only Republican in the state Senate. Now she is part of a Republican supermajority in the West Virginia Legislature.

Boley, of Pleasants County, was appointed by Republican Gov. Arch Moore in 1985. She has been elected 11 times since then and is the longest serving senator in the state’s history.  

“It never dawned on me that we would become a majority or supermajority,” Boley said.

Many of her past colleagues, sick of having so little political power, decided not to run again — leaving her the only Republican in the Senate for a couple years.

“They just decided that at the last minute they weren’t going to run, because they didn’t like being in the minority,” Boley said. “So, I guess if they didn’t like being in the minority, they just walked away.”

But Boley stayed. For many years, she said she was the only “no” vote.

“I never had a problem being in the minority because I always thought we would be the minority,” Boley said.

Donna Boley was sworn in by Gov. Arch Moore on May 14, 1985.

Courtesy

However, throughout the 2000s and 2010s, more and more Republicans won.

“Everything sort of changed in 2014,” she said.

After the 2014 midterm, the Senate officially flipped. Seventeen Republicans were elected, and 17 Democrats were elected. 

While some officials were trying to figure out who would be the Senate President, others were trying to find a senator who was willing to switch to another party — and bring with them majority control.

That senator was Danial Hall of Wyoming County. After being elected as a Democrat, he switched.

“It made the (tally) 18 to 16. So, we took over that night,” Boley said.

The close split between the parties didn’t last long. By 2020, Republicans had a supermajority, meaning they occupied two-thirds of the seats in both the House and Senate.

For Boley and other Republicans, this was the beginning of a new era for Republicans in West Virginia. But unlike many of her colleagues, Boley had been around to see the limitations and challenges that supermajorities face from watching how the Democrats used their once vast powers.

“You tend to start fighting amongst yourself,” she said.

Last session, Republicans did fight among themselves. Republican Sen. Robert Karnes of Randolph County was removed from the Senate chamber after he demanded some of the bills be read in full — a tactic occasionally used in the legislature to use up a lot of time and to make a political point.

Boley also has some wisdom to pass down to her Democratic colleagues.

“Well, the minority leader now is Sen. (Mike) Woelfel. And he stopped me during the regular session and said, ‘I need to talk to you. It looks like I might be appearing next year as the lone Democrat.’ And I said, ‘Well you know, just enjoy it. There is not much you can do except stand up and vote no. If you don’t agree with it, just vote no,” Boley said.

And that’s what Boley did, and said she will continue to do until she is ready to retire — which she said she doesn’t plan on doing currently.

Outside work, Boley loves to spend time with her children, grandchildren and great grandchildren. She said she tries to see them as much as possible. She loves her work in the legislature and said she is grateful she stayed — even when she was the only one.

House Speaker Kevin McCarthy Endorses State Treasurer Riley Moore 

Born in Morgantown into the West Virginia Moore-Capito political family, Moore began his career as a welder before moving into politics. In 2013, he served as an associate at the Podesta Group where he was part of a client team working on the European Centre for a Modern Ukraine (ECFMU), which was formed to represent the Party of Regions, a banned pro-Russian political party in Ukraine formed in late 1997. 

House Speaker Kevin McCarthy has endorsed State Treasurer Riley Moore for the 2nd Congressional District seat in the Republican primary next year.

McCarthy’s endorsement of Riley Moore, for West Virginia’s Second Congressional District, could help Moore in his primary election bid, where there are currently no declared Democrats in the race.

The heavily Republican district opened up after incumbent Rep. Alex Mooney announced his candidacy for West Virginia’s Senate seat currently held by Democrat Joe Manchin. Manchin hasn’t yet said if he’ll seek re-election. Meanwhile, Republican Gov. Jim Justice has entered the race.

Born in Morgantown into the West Virginia Moore-Capito political family, Moore began his career as a welder before moving into politics. In 2013, he served as an associate at the Podesta Group where he was part of a client team working on the European Centre for a Modern Ukraine (ECFMU), which was formed to represent the Party of Regions, a banned pro-Russian political party in Ukraine formed in late 1997. 

Moore later stated that he was unaware of any illegal activity after the Podesta Group was named in special counsel Robert Mueller’s investigation over alleged ties between the Trump campaign and Russia. He was never identified as a person associated with the case.

Moore’s cousin, Del. Moore Capito, the son of U.S. Sen. Shelley Moore Capito, R-W.Va., has announced plans to run for governor of West Virginia next year. His grandfather, Arch Moore, served as governor in the 1970s and ’80s.

Before being elected to the role of state treasurer, Riley Moore served in the West Virginia House of Delegates for the 67th district. He beat six-term incumbent Democrat John Perdue for his current role as state treasurer in 2020.

An outspoken opponent of environmental, social and corporate governance, or ESG, Moore pulled West Virginia from the BlackRock Incorporated’s investment fund because of its stance on fossil fuels. 

He also threatened to bar JP Morgan Chase and other big banks from doing business in West Virginia over what alleged fossil fuel boycotts.

The endorsement of Moore marks one of McCarthy’s first campaign moves since a showdown on Capitol Hill over the nation’s borrowing limit. Republicans have a narrow majority in the 435-member chamber.

Pandemic And Recent Protests Shape West Virginia’s Primary That Offered Some Big Surprises

Amid the coronavirus pandemic and worldwide protests calling for an end to systemic racism and police brutality in the United States, West Virginia’s 2020 primary election Tuesday was one for the books. The election featured an unprecedented number of absentee ballots, some predictable results, and some major upsets.  

As expected, presumptive presidential nominees Donald Trump and Joe Biden each won their races in West Virginia. Both had secured enough delegates to win Republican and Democratic nominations, respectively, ahead of Tuesday. 

But other federal races are now beginning to take shape as November approaches.

Republican U.S. Sen. Shelley Moore Capito will take on Democrat Paula Jean Swearengin in the General Election. All three of the state’s sitting congressional representatives — David McKinley, Alex Mooney and Carol Miller — won their primaries and will face their respective Democratic opponents this fall.

Incumbent Republican Gov. Jim Justice won handedly beating out six other candidates by pulling 63 percent of the vote. 

“All the stars are aligning right in our favor,” Justice told supporters in a phone call while the results trickled in. “We’ve still got a long ways to go, and I know that, and absolutely all of us should feel that way as we’re all grabbing a rope and running through this finish line together.”

Democrat Ben Salango took home his party’s nomination for governor, besting physician and Boone County state Sen. Ron Stollings and community organizer Stephen Smith. 

Republican Incumbent Losses Will Shakeup The Statehouse 

Results from statehouse races included some major upsets that will reshape the Republican majority in the Legislature. 

Teacher Amy Grady, who describes herself as pro-life and pro-Second Amendment, defeated Senate President Mitch Carmichael, R-Jackson, in the 4th Senatorial District primary.

Carmichael drew the ire of public school teachers and their unions in 2018 and 2019 as teachers first went on strike for better pay and benefits, and then later to push back on other proposals they opposed, including charter schools. 

“I was sort of the focal point for any opposition,” Carmichael said. “There always has to be like a boogeyman, I guess. And that became me, and that’s fine.”

Carmichael congratulated Grady on her win and said he would support her continued run for his seat. His departure will throw into question who will lead the upper chamber should the GOP hold on the majority after November’s general election. 

Other Republican incumbents in the state Senate met similar fates Tuesday. Sen. Sue Cline, R-Wyoming, lost in the 9th District to former Wyoming County circuit clerk David “Bugs” Stover, as did Sen. John Pitsenbarger, R-Nicholas, to former Sen. Robert Karnes in the 11th District. Karnes himself had been knocked out of another seat in a 2018 primary after the Charleston-Gazette Mail raised questions about where the former state senator was actually residing.  

In the House of Delegates, a handful of notable Republican incumbents will also not be on the ballot come November.

Del. Eric Porterfield, R-Mercer, came in fifth in the race for the three-member 27th District. In 2019, Porterfield made inflammatory remarks against the LGBTQ+  community and likened queer advocacy groups to the Klu Klux Klan. In an interview with WVVA-TV as that controversy unfolded, Porterfield insinuated he would drown his children if they were gay. 

Speaker Pro Tempore Daryl Cowles, R-Morgan, of the 58th District and Del. Larry Kump, R-Berkeley, of the 59th District also were defeated by their respective primary challengers.

Other Races Show Impact Of Absentee Voting

While most of the primaries for the state’s five constitutional offices (Agriculture Commissioner, Attorney General, Auditor, Treasurer and Secretary of State) were unopposed, one race has yet to be called. 

Del. Isaac Sponaugle, D-Pendleton, appears to be edging out Sam Petsonk for the Democratic nomination for attorney general, by less than 1,000 votes, with all precincts reporting as of Wednesday afternoon. The Associated Press has yet to declare a winner in the race with potentially thousands of absentee ballots outstanding. 

The primary served as the deciding election for open seats on the West Virginia Supreme Court of Appeals, the state’s highest court. 

Chief Justice Tim Armstead will retain his seat on the bench in Division 1. The race for Division 2 has yet to be called, but former state Sen. Bill Wooton has a lead of more than 6,000 votes over three other candidates with all precincts reporting. In Division 3, Justice John Hutchison will keep his seat for four more years to serve out the remainder of an unexpired term.

Secretary of State Mac Warner said Tuesday’s election went smoothly, given public health concerns over COVID-19. Warner said it may take some time for some races to be settled, given the large number of absentee ballots requested this election. He stressed that results remain unofficial until canvassing takes place next week. 

“I just ask everybody to understand the process, wait, be patient,” Warner said Tuesday. “We will get official results just as soon as we can. But if it’s a close race, it may be a week or so before we can announce that.”

At least one local race has caught national attention: In Wheeling, the state’s first publicly transgender person was elected into public office. Rosemary Ketchum will take a seat on the Wheeling City Council, after winning the city’s Third Ward race by 15 votes

“For me, realizing that I could be defined solely based on my gender identity was uncomfortable, but there are so many examples of powerful and unapologetic leadership from people who are very unique,” Ketchum said. “We need the most diverse representation we can possibly get, and that only happens when diverse people decide to run. We can’t expect the white majority to decide to be diverse. We can’t expect the cis[gender] majority to decide to be diverse.”

Danielle Stewart, another transgender woman who chairs the Beckley Humans Right Commission, lost in her city’s mayoral race. Robert Rappold was re-elected, despite running against what the Beckley Register-Herald referred to as a historically diverse list of candidates.

A Pandemic And Protests Linger Over The Primaries

The ongoing coronavirus pandemic played a significant role in how many voters approached their civic duties. State officials expanded the state’s absentee ballot to allow any registered voter to vote by mail because of the pandemic. 

Will Wallace of Wheeling voted absentee for the first time this election. He said the process allowed him an opportunity to thoroughly look into candidates on the ballot.  

“I signed up months ago and got about a month to vote. So, I sat down, and when I had free time at work, I would pull it out and look at this thing where I had no idea who the candidates were,” Wallace said. “I’d Google them, and wherever I could find information, and I made informed opinions on them, which is something I’ve never had the ability to do before.”

Other voters decided to show up to the polls. Morgantown resident Greg Boyce said he had put off requesting an absentee ballot.  

“I thought with the proper precautions coming out voting in person was okay,” he said. “And everything inside of the polling station was done really well — really safe, I thought.”

Some acknowledged that the threat of COVID-19 was still lingering as voters made their way to the polls. 

“Some people are scared to death. I watched the news last night. We have five new cases here in Ohio County,” Rodney Carter said. “So it’s not like it’s going away. You really have to be careful.”

Members of the state’s black community said the ongoing protests over George Floyd’s death had added fuel to community organizing around the election. Mavery Davis of Charleston gathered a small group to march to the Kanawha County Clerk’s Office to help those who weren’t registered for the primary get signed up to vote in November. 

“We’ve got to leverage the tools that our ancestors have already given us. And that is the power to be passionate, and to organize and get in the streets,” Davis said. 

He added that he feels those protesting need to continue that action further.

“Let’s take that marching to the next level,” Davis said. “Because, if I can get your attention to get in the street, I should be able to get your attention to line up here and go to the polls and  get organized and know exactly who you’re going to vote for and why.”

WVPB reporters Emily Allen, Glynis Board, Caitlin Tan, Brittany Patterson, Roxy Todd and Liz McCormick contributed to this report. 

March 25, 1878: Attorney General Armistead Abraham Lilly Born in Summers County

West Virginia Attorney General Armistead Abraham Lilly was born at Jumping Branch in Summers County on March 25, 1878. He had a meteoric rise in politics, becoming a state legislator at age 22, Raleigh County prosecuting attorney at 26, and state attorney general when he was 34.

As attorney general, Lilly appealed the Virginia Debt Suit to the U.S. Supreme Court. When West Virginia became a state in 1863, the new state’s leaders had agreed to assume part of Virginia’s existing debt. However, the amount owed was at question, so Virginia sued. The case dragged on until Lilly and Governor Henry Hatfield got involved in the 1910s. In settling the debt, it’s estimated that Lilly and Hatfield saved the state a large sum of money.

Lilly ran for governor in 1916 but lost the Republican nomination. He died in 1956 at age 78 in his penthouse atop Charleston’s Ruffner Hotel, of which he was principal owner. Cousin Abe Lilly, as he was known, left a lasting legacy by organizing the Lilly Reunion Association in 1929. The Lilly Reunion remains one of the largest family reunions in the state.

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