West Virginia’s Transgender Athlete Ban Ruled Constitutional

Jan. 6, 2023, 8:03 PM UTC

A West Virginia law barring transgender girls from participating in school sports consistent with their gender identity is constitutional, a federal court in Charleston ruled.

The plaintiff, identified as B.P.J., is a middle school student who seeks to participate on the girls’ cross-country and track teams. The complaint alleged that the law violates the Equal Protection Clause and Title IX by discriminating on the basis of sex.

The law, passed as H.B. 3293, defines “female” as “an individual whose biological sex determined at birth is female” and states that “sports designated for females, women, or girls shall not be open ...

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