Federal Court Rejects State Transgender Student Athlete Ban

The ACLU and Lambda Legal, a national LGBTQ rights law firm, brought the case on behalf of a 13-year-old middle school student in Harrison County who wanted to run on her track team.

A federal appeals court struck down West Virginia’s ban on transgender student participation in school sports Tuesday.

The Fourth U.S. Circuit Court of Appeals in Richmond, Virginia, said the 2021 law violated Title IX, the landmark 1972 law that enshrined gender equality in school sports.

The ACLU and Lambda Legal, a national LGBTQ rights law firm, brought the case on behalf of a 13-year-old middle school student in Harrison County who wanted to run on her track team.

“The ruling makes clear that the law is discriminatory,” said Billy Wolfe, an ACLU-WV spokesman, in an email. The student, Becky Pepper-Jackson, is the only one affected by the ruling, Wolfe said, but encouraged others who might be affected to contact the ACLU.

The 2-1 decision, for now, invalidates House Bill 3293, which the legislature enacted and Gov. Jim Justice signed. 

Last year, a U.S. district judge upheld the enforcement of the law, but the Fourth Circuit overruled that decision.

In an emergency appeal last year, West Virginia Attorney General Patrick Morrisey asked the U.S. Supreme Court to allow the state to enforce the law while the Fourth Circuit considered the case. The justices declined.

In a statement Tuesday, Morrisey said he would continue to defend the law.

West Virginia is one of 21 states that have enacted some type of restriction on transgender student participation in school sports.

In 2020, the Fourth Circuit ruled in favor of a Virginia transgender boy who challenged his school’s refusal to let him use the bathroom that matched his gender identity.

The U.S. Supreme Court declined to hear the appeal in that case as well.

In Tuesday’s ruling, one of the three judges, G. Steven Agee, dissented. He was nominated by President George W. Bush to the court in 2008.

Justice Calls On Lawmakers To Rescind School Sports Transfer ‘Mistake’

Gov. Jim Justice called for state lawmakers to reverse a law that allows students to transfer high schools to play on another sports team without changing addresses or completing a waiting period.

In 2023, state lawmakers passed a bill that, in part, allowed for high school students to immediately transfer high school sports teams, regardless of whether they changed addresses.

In his Wednesday briefing, Gov. Jim Justice called on state lawmakers to that law, calling the bill’s initial passage a “real, real mistake.”

Previously, state policies for high school sports required students to physically move to join a new school’s sports team, or wait a year after transferring to become eligible to compete.

Passage of the bill was contentious. It followed failed attempts from Sen Ryan Weld, R-Brooke, to push such a bill into law both in 2022 and earlier in 2023.

The bill was ultimately passed when it was coupled with sports transfer policies for recipients of the state’s Hope Scholarship.

But critics of the law, including Justice, have said it created an imbalance in high school sports, as students from schools with fewer resources are transferring to larger, more competitive schools in record numbers.

In November, Mountain State Spotlight found that the number of football games won by at least 70 points hit a record-high 13 in fall 2023 — compared to zero in 2022, and just four in 2021.

They also found that 432 students transferred high schools for sports in the fall, which tripled the number of transfers from the previous year-and-a-half.

In 2023, Justice allowed the bill to become law without signing it himself, voicing support for its Hope Scholarship transfer policy but concern over the broader sports transfer rule.

Now, however, Justice has become more vocal in his calls for lawmakers to change course.

During a press briefing Wednesday afternoon, Justice asked legislators to pass a bill reversing the controversial policy before the end of this year’s legislative session.

“If you play on a team and your team loses that game 95 to three in football, how do you feel tomorrow to get up and to go to school? Really and truly, that’s what we’re talking about,” Justice said. “We’re talking about embarrassing kids.”

Justice said if it remains in effect, the law could discourage youth from underprivileged backgrounds to pursue sports.

“We’re talking about kids that then decide, ‘I’m not going to have anything to do with this, even though I’m a pretty good athlete, and I’m a pretty good football player or basketball player,” he said.

The deadline is Feb. 28 for the West Virginia Senate or the House of Delegates to pass any bills that might make the change the governor is asking for. After that the chambers will turn to reviewing bills passed by the other chamber.

Encore: The Love Of Competition, Inside Appalachia

Appalachians love to compete. Whether it’s recreational league softball, a turkey calling contest or workplace chili cook offs, Mountain folks are in it to win it. But there’s more to competing than just winning or losing. In this show, we’ll meet competitors who are also keepers of beloved Appalachian traditions.

Appalachians love to compete. Whether it’s recreational league softball, a turkey calling contest or workplace chili cook offs, Mountain folks are in it to win it.

But there’s more to competing than just winning or losing.

In this show, we’ll meet competitors who are also keepers of beloved Appalachian traditions.

In This Episode:


Musgrave Reports From The Mountain Mushroom Festival

Tina Caroland shows off a morel mushroom at the Mountain Mushroom Festival in Irvine, Kentucky. Caroland has demonstrated how to fry morels at the festival for about 15 years. She purchased morels for a recent year’s cooking demonstration because Caroland and her family were slow to find morels at the start of the season.

Credit: Nicole Musgrave/West Virginia Public Broadcasting

Each spring, people take to the woods in search of morels, a seasonal favorite throughout Appalachia, and they inspire all kinds of competition.  

Folkways Reporter Nicole Musgrave went to the Mountain Mushroom Festival in Irvine, Kentucky and found people looking for the most mushrooms — the biggest mushrooms — and the tastiest way to eat mushrooms.   

An Accident Of Appalachian History Led To A New Style of Pizza

In Wheeling, West Virginia, people are passionate about their pizza. People there say that an accident of history led to a new style of pizza – Appalachia’s contribution to America’s great regional pizza traditions. Folkways Reporter Zack Harold visited DiCarlo’s Famous Pizza to find out more.

Credit: Zack Harold/West Virginia Public Broadcasting

Ever live in a place where there’s a competition between two restaurants, and people sort of decide which team they’re on?

Folkways Reporter Zack Harold says people in Wheeling, West Virginia are passionate about their pizza. That’s because an accident of history led to a new style and who’s better/who’s best contest that’s been going on for decades. 

Brave Kids Continue Eisteddfod Tradition

Eisteddfod is probably not a word that rolls off the tongue of everyone in Appalachia. But in Wales, it refers to a traditional music competition that goes back nearly 1,000 years. Immigrants brought the tradition to southern Ohio, where it has endured for generations. Thanks in part to some brave kids.

Folkways Reporter Capri Cafaro has this story.

Playing To Eat And Eating To Play

Jared Kaplan holds the game he designed with Chris Kincaid.

Credit: Clara Haizlett/West Virginia Public Broadcasting

Another competitive tradition that’s endured for generations is weekly board game night. Whether with family or friends, we play Monopoly, Settlers of Catan, and sometimes even Candyland. 

Folkways Reporter Clara Haizlett reported on a board game that matches West Virginia’s favorite cryptids with some of its favorite places to eat.

A Southern Ohio Town Honors The Appalachian Connection To The NFL

Appalachia’s connection to professional football has always been a little loose. Lots of pro players have come out of Appalachia, but there’s really only one Appalachian NFL team — the Pittsburgh Steelers, or two if you count the Atlanta Falcons, as a listener recently argued we should.

It turns out, at least one other professional team has Appalachian DNA — the Detroit Lions. That franchise began as the Portsmouth Spartans in Portsmouth, Ohio, just across the river from Kentucky.

Sports fan and WVPB Reporter Randy Yohe has this story.

——

What about you? What kind of competitions are happening in your neck of the woods? Maybe you know about a sport or contest we’ve never heard about. Or someone there makes pizza like nobody else. Tell us about it. Email us at InsideAppalachia@wvpublic.org.

Our theme music is by Matt Jackfert. Other music this week was provided by Charlie McCoy, The Steel Drivers, Larry Groce, David Mayfield, and Dean Martin.

Bill Lynch is our producer. Our executive producer is Eric Douglas. Kelley Libby is our editor. Our audio mixer is Patrick Stephens. Zander Aloi also helped produce this episode.

You can find us on Instagram, Threads and Twitter @InAppalachia. Or here on Facebook.

Sign-up for the Inside Appalachia Newsletter!

Inside Appalachia is a production of West Virginia Public Broadcasting.

Encore: The Love Of Competition, Inside Appalachia

Appalachians love to compete. Whether it’s recreational league softball, a turkey calling contest or workplace chili cookoffs, Mountain folks are in it to win it. But there’s more to competing than just winning or losing. In this show, we’ll meet competitors who are also keepers of beloved Appalachian traditions.

Appalachians love to compete. Whether it’s recreational league softball, a turkey calling contest or workplace chili cookoffs, Mountain folks are in it to win it.

But there’s more to competing than just winning or losing.

In this show, we’ll meet competitors who are also keepers of beloved Appalachian traditions.

In This Episode:


Musgrave Reports From The Mountain Mushroom Festival

Tina Caroland shows off a morel mushroom at the Mountain Mushroom Festival in Irvine, Kentucky. Caroland has demonstrated how to fry morels at the festival for about 15 years. She purchased morels for this year’s cooking demonstration because Caroland and her family were slow to find morels at the start of this season. Credit: Nicole Musgrave/West Virginia Public Broadcasting

Each spring, people take to the woods in search of morels, a seasonal favorite throughout Appalachia, and they inspire all kinds of competition.  

Folkways Reporter Nicole Musgrave went to the Mountain Mushroom Festival in Irvine, Kentucky and found people looking for the most mushrooms — the biggest mushrooms — and the tastiest way to eat mushrooms.   

An Accident Of Appalachian History Led To A New Style of Pizza

In Wheeling, West Virginia, people are passionate about their pizza. People there say that an accident of history led to a new style of pizza – Appalachia’s contribution to America’s great regional pizza traditions. Folkways Reporter Zack Harold visited DiCarlo’s Famous Pizza to find out more. Credit: Zack Harold/West Virginia Public Broadcasting

Ever live in a place where there’s a competition between two restaurants, and people sort of decide which team they’re on?

Folkways Reporter Zack Harold says people in Wheeling, West Virginia are passionate about their pizza. That’s because an accident of history led to a new style and who’s better/who’s best contest that’s been going on for decades. 

Brave Kids Continue Eisteddfod Tradition

Eisteddfod is probably not a word that rolls off the tongue of everyone in Appalachia. But in Wales, it refers to a traditional music competition that goes back nearly 1,000 years. Immigrants brought the tradition to southern Ohio, where it has endured for generations. Thanks in part to some brave kids.

Folkways Reporter Capri Cafaro has this story.

Playing To Eat And Eating To Play

Another competitive tradition that’s endured for generations is weekly board game night. Whether with family or friends, we play Monopoly, Settlers of Catan, and sometimes even Candyland. 

Folkways Reporter Clara Haizlett reported on a board game that matches West Virginia’s favorite cryptids with some of its favorite places to eat.

A Southern Ohio Town Honors The Appalachian Connection To The NFL

Appalachia’s connection to professional football has always been a little loose. Lots of pro players have come out of Appalachia, but there’s really only one Appalachian NFL team — the Pittsburgh Steelers, or two if you count the Atlanta Falcons, as a listener recently argued we should.

It turns out, at least one other professional team has Appalachian DNA — the Detroit Lions. That franchise began as the Portsmouth Spartans in Portsmouth, Ohio, just across the river from Kentucky.

Sports fan and WVPB reporter Randy Yohe has this story.

——

What about you? What kind of competitions are happening in your neck of the woods? Maybe you know about a sport or contest we’ve never heard about. Or someone there makes pizza like nobody else. Tell us about it. Email us at InsideAppalachia@wvpublic.org.

Our theme music is by Matt Jackfert. Other music this week was provided by Charlie McCoy, The Steel Drivers, Larry Groce, David Mayfield, and Dean Martin.

Bill Lynch is our producer. Our executive producer is Eric Douglas. Kelley Libby is our editor. Our audio mixer is Patrick Stephens. Zander Aloi also helped produce this episode.

You can find us on Instagram, Threads and Twitter @InAppalachia. Or here on Facebook.

Sign-up for the Inside Appalachia Newsletter!

Inside Appalachia is a production of West Virginia Public Broadcasting.

W.Va. To Host Irish Road Bowling Tournament

Irish Road Bowling is a sport steeped in history and was brought to West Virginia in the 1990s by David Powell and his co-founders of West Virginia Irish Road Bowling.

West Virginia is hosting both the National Irish Road Bowling Finals and the North American Regional Road Bowling Finals this weekend.

Irish Road Bowling is a sport steeped in history and was brought to West Virginia in the 1990s by David Powell and his co-founders of West Virginia Irish Road Bowling.

“Irish road bowling is actually one of the oldest sports in the world,” Powell said. “It goes back to the 1600s in the country of Ireland. We got it started in West Virginia in 1995.”

The game resembles golf, in that, the player aims to get a ball as far as possible in as few throws as possible. However, the ball is made of iron and steel and the playing field is a narrow country road.

This national tournament will feature the best players in the nation. The featured match will be Sunday, August 6 in Glenville, West Virginia.

Welcome Reception and Tournament Draws

The Glenville Pub
101 S. Lewis Street
Glenville, WV 26351
304 462 4004

New Book Explores Minor League Baseball Lore

Announcer Tim Hagerty says there’s more to baseball than just the game. He’s the author of “Tales from the Dugout: 1,001 Humorous, Inspirational & Wild Anecdotes from Minor League Baseball,” which takes a look at sillier parts of America’s favorite pastime. Bill Lynch spoke with Hagerty about minor league ball and even baseball in West Virginia.

Announcer Tim Hagerty says there’s more to baseball than just the game. He’s the author of “Tales from the Dugout: 1,001 Humorous, Inspirational & Wild Anecdotes from Minor League Baseball,” which takes a look at sillier parts of America’s favorite pastime.

Bill Lynch spoke with Hagerty about minor league ball and even baseball in West Virginia. 

The transcript below has been lightly edited for clarity.  

Lynch: Tim Hagerty, tell me a little about yourself. Tell me how you got into baseball.

Hagerty: Well, I was fortunate that my high school had a cable access broadcast station at it. So I got to broadcast games when I was 16 or 17, and I knew this is what I wanted to pursue. 

I grew up in Massachusetts and was passionate about baseball. I loved playing. 

I was the type of kid that, even in Massachusetts, if you asked me to name ten Kansas City Royals, I could do it. I knew the rosters. I knew the statistics. I was the type of kid that would read the box scores every day. 

And now in my job, that helps me, actually, because a lot of those players that I was following as a fan, as a kid, have become coaches and scouts.

Sometimes I’ll be in a press box, and somebody introduces themselves and I’ll say, “Oh, you played for Cincinnati,” and they sort of looked at me, surprised. 

So, I guess my childhood passion has helped me as an adult. 

Lynch: Where did your career take you? 

Hagerty: Yeah, I targeted a college – Northern Vermont University – that had a really specific broadcast program. And what was great about that was in a rural area that I was able to broadcast games for a local AM station. 

First job was in Idaho Falls, Idaho – beautiful city. That’s where the Royals AAA, excuse me, Royals rookie league team is. And it was there that I met a young player, Billy Butler, who went on to be a Major League All Star, and we’ve occasionally remained in touch, and he actually contributed the foreword to my new book.

So, it was fun to reconnect with him.

From there, went to Mobile, Alabama. From there, went to Portland, Oregon, Tucson, Arizona, and now I’m in El Paso, Texas with the Padres AAA team.

Lynch: So, what do you like about minor league baseball?

Hagerty: A lot. I think it’s the ultimate community event. There are so many fans who love the Cardinals or the Pirates or the Braves. 

But in smaller cities – there’s something about Charleston across that player’s jersey. That’s your city. That’s your professional team. 

What I also love about it is that in a lot of minor league cities, I hear from fans who say, “My parents brought me here. Now, I’m bringing my kids.”

And also, just how different it is. I’ve been fortunate enough to broadcast games, and about 60 different stadiums. They’re not all alike. You know, to me, the local ballpark is much like a local community. Each of them has their own flavor.

Lynch: Let’s talk about the book. This is your second book, isn’t it?

Hagerty: It is. Yeah, my first book came out in 2012. That was about the craziest team names in minor league history, including the Wheeling Stogies, named after a cigar. 

But my new book “Tales from the Dugout: 1001 Humorous, Inspirational & Wild Anecdotes from Minor League Baseball,” is about the wildest stories that have ever taken place. 

And speaking of Wheeling, in West Virginia, the oldest story that I found in my book takes place there in 1877. 

Wheeling puts together this promotion in which fans would try to capture a greased pig. And if you got the pig, you got to keep the pig. And what it taught me was that these days minor league teams do all sorts of crazy things to sell tickets and to get media attention. That’s not new. 

Wheeling was trying wild things in 1877.

Lynch: So, the research on this. Where did you find the stories?

Hagerty: I’ve always loved baseball research, and there’s a lot of different sources. 

The origin of this book, when researching something else back in 2012. I found this 1880s newspaper archive and it talked about a Texas league game in Austin that got delayed when a wild bull ran on the field. 

I don’t know about you, but when you see something like that, I want to know everything about this. 

The bull was kicking up dust. Fans are shrieking. It knocked down a fence. And that taught me that hidden in newspaper archives are so many baseball stories that a lot of people don’t know about. 

I went to the Baseball Hall of Fame Library in Cooperstown, which is a great resource. They have a lot of old baseball publications there. 

There was also the Spalding-Reach guide. 

It was an annual publication that baseball fans devoured. It was really the only thing of its kind from the late 1800s through the early 1900s. And it would have a lot of statistics and rosters and basic stuff, but also would have these wild stories. 

So, it was fun to flip through there.

Lynch: With 1,001 stories in your book, do you have one that’s a favorite for you?

Hagerty: Well, probably the one that took the most time to research – in 1978, there was a fly ball that disappeared.

AA Bristol was at AA Jersey City in the eastern league, and I wasn’t able to pinpoint the batter, but a Jersey City batter hit a high fly ball to right field and it vanished. It didn’t land on the field. It didn’t go over the fence. It didn’t land in the stands. And I know that sounds crazy, but I’m talking to players who are on the field at the time I corresponded with somebody who was in the stands and everybody sort of described it the same way, like, just speechless. What happened to this ball?

So, the umpires got together. They understandably don’t know what the rule is when a ball goes up and never comes down. So, they gave the batter a double.

Yeah, in tonight’s game in Charleston or Bluefield, if a ball goes up and disappears, there’s precedent. It’s a double.

Lynch: The book is called “Tales from the Dugout: 1,001 Humorous, Inspirational & Wild Anecdotes from Minor League Baseball.”

Tim, thanks a lot.

Hagerty: Thank you, Bill.

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