A child in West Virginia will be allowed to try out for her middle school's track and field team next week after a federal appeals court ruling temporarily paused the state ban preventing transgender students from joining girls' sports teams.
The 4th U.S. Court of Appeals ruled Wednesday, by a 2-1 vote, to reinstate a preliminary injunction that for a time froze the ban which was originally signed into law by West Virginia Governor Jim Justice in 2021. A federal judge dissolved the injunction last month, saying the ban — which applies to middle school, high school and college sports teams statewide — was constitutional and could remain in place.
"We are thrilled that Becky will get to continue to participate in school sports with her classmates, at least for now," said Aubrey Sparks, the managing attorney at the West Virginia chapter of the ACLU, in afollowing the appeals court's decision."Becky has said all along she just wants to do the thing she loves with her friends and that she's taking this stand for other young people like her.
"This ruling tells Becky that she, like all transgender people, deserves respect and the opportunity to play sports, have fun with her friends, and just be a kid," said Sruti Swaminathan, the staff attorney for youth at the civil rights organization Lambda Legal, in a separate statement responding to Wednesday's ruling.
The suit noted that"isolating B.P.J. from her peers by preventing her from participating in a manner consistent with her gender identity discriminates against her in violation of the Equal Protection Clause and Title IX."
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