A transgender middle-schooler in West Virginia cannot be barred from participating in cross-country running and track with other girls, the U.S. Court of Appeals for the 4th Circuit ruled Tuesday.
West Virginia
Appeals court allows transgender girl to stay on West Virginia track team
Now in eighth grade, Pepper-Jackson has identified as female for five years — nearly half her life, the court noted. Since elementary school, she has only participated in girls’ sports. She has a birth certificate that identifies her as female. And she takes medication to block male puberty and undergo female puberty, which the court said was key to its decision.
Pepper-Jackson “has never felt the effects of increased levels of circulating testosterone,” so “the fact that those who do benefit from increased strength and speed provides no justification — much less a substantial one — for excluding [her] from the girls cross country and track teams,” the judges wrote. To force her to play on a boys’ team or not play at all “would expose [her] to the same risk of unfair competition — and, in some sports, physical danger — from which the defendants claim to be shielding cisgender girls,” the court said, as she would be “sharing the field with boys who are larger, stronger, and faster than her because of the elevated levels of circulating testosterone she lacks.”
Requiring her to do that violates federal civil rights law, the court said. That does not mean “we do not hold that government officials are forbidden from creating separate sports teams for boys and girls or that they lack power to police the line drawn between those teams,” the judges added. Nor does it mean that federal law “requires schools to allow every transgender girl to play on girls teams, regardless of whether they have gone through puberty and experienced elevated levels of circulating testosterone.” Only in Pepper-Jackson’s “particular case” is the ban discriminatory, it said.
Tuesday’s decision was written by Judge Toby J. Heytens, a Biden appointee, and joined by Judge Pamela Harris, an Obama appointee. Judge G. Steven Agee, an appointee of George W. Bush, dissented and said he “hope[d] that the Supreme Court will take the opportunity with all deliberate speed to resolve these questions of national importance.”
The Christian conservative group Alliance Defending Freedom, which backed this law and others restricting trans rights, indicated that an appeal may be coming. The ruling “undermines equal opportunities and contradicts both biological reality and common sense,” legal counsel Rachel Rouleau said.
What the Supreme Court might do is unclear, despite its conservative slant. On Monday the high court allowed Idaho to enforce a criminal ban on gender-affirming medical treatment for trans minors. But the court also declined last year to let West Virginia’s law be enforced while it was being challenged in the 4th Circuit.
The 4th Circuit — which also handles appeals from federal courts in Maryland, Virginia, North Carolina and South Carolina — was once the most conservative appellate court in the country; now it is a trailblazer in the realm of trans rights. It was the first appellate court to recognize a trans student’s right to use the bathroom that reflected his gender, a ruling the Supreme Court let stand. It was also the first to label gender dysphoria, or a disconnect between one’s gender and assigned sex, as a disability protected under federal law. The court is also considering whether state health plans must cover gender-affirming treatments.
Joshua Block of the ACLU, which represented Pepper-Jackson, said the case was part of “a string of federal courts ruling against bans on the participation of transgender athletes and in favor of their equal participation as the gender they know themselves to be.” Courts from Arizona to Connecticut have sided with transgender students. While some of those rulings have been put on hold on appeal, he said, no appellate court has ruled against trans athletes on the merits.
While a majority of Americans support laws protecting trans rights in schools and elsewhere, according to a 2023 Washington Post-KFF poll, most also believe trans women and girls should not be allowed to compete in sports with other women and girls and that gender is determined at birth. Republicans have seized on those fissures, supporting laws at the state and federal level that limit trans rights. While there was national outrage in 2016 when North Carolina banned trans people from using the bathrooms corresponding to their gender identity, recent legislation in the state targeting trans minors provoked little reaction. West Virginia passed its law in 2021, declaring that students “whose biological sex determined at birth is male” cannot compete on girls’ teams.
Trans advocates say the question of who should play women’s sports, while politically heated, is blown out of proportion. In Kentucky, a state law similar to the one in West Virginia affected only a single student athlete. Competitive sports leagues have their own rules regarding trans athletes.
When she first sued over the ban, Pepper-Jackson said she “regularly finishes near the back of the pack” in track-and-field. By the time the decision came out, she was placing higher in some events while remaining behind in others. Agee argued that those results were evidence of a biological advantage and of unfairness. “Biological girls participating in these events were displaced by and denied athletic opportunities because of” Pepper-Jackson, he wrote.
The majority agreed with Pepper-Jackson that merely placing ahead of another girl in competition did not mean she had a biological advantage. There are few studies on transgender performance, but research indicates that only after going through male puberty do boys have a physical advantage over girls in sports.
The Biden administration has proposed rules that would allow federally funded schools to block trans students from playing sports only if the decision was justified based on the sport involved, the age of the students and the level of competitiveness. Those rules, when released, could change how courts analyze similar cases in the future, Block said.
Pepper-Jackson also challenged the state law under the 14th Amendment’s equal protection clause. But the judges said the factual record was not well-developed enough to say West Virginia had no “important state interest” in keeping Pepper-Jackson off the team — a defense that doesn’t exist under federal civil rights law.
It’s almost over!
That seems to be the dominant feeling swirling around the 2026 Republican Primary.
Almost to a man (or woman), people I have spoken to about this primary have all expressed the same sentiment – they can’t wait until it is over.
That is not that unusual to hear from the candidates, the media covering the election, or your average resident. Running for office is difficult. Campaigning can be exhausting. Meanwhile, voters have grown weary of the advertisements invading their social media, mailboxes, televisions, and radio.
This is especially true this year, in what has become one of the most contentious and expensive primary elections anyone can remember. That is certainly true for a Republican Party that has had the majority in both chambers of the legislature since 2014.
As of May 8, seven Political Action Committees had poured $4.97million into the legislative primary races. Most of that money came from PACs associated with Governor Patrick Morrisey and funded by out-of-state interests.
Morrisey-associated PACs have spent nearly $3 million on legislative races, flooding voters with campaign material, often attacking their political opponents.
The attacks being levied in the ads would lead you to believe West Virginia voters were at a crossroads, forced to pick between a staunch conservative and a radical liberal. One mailer that stood out informed me that this particular candidate “will have my back” when the radical left comes for my guns.
Good to know.
I just wish someone could tell me who the radical left is in West Virginia and where they are coming from.
Many of the attack ads may be technically true, but lack any context or nuance and mislead the voters. Pointing out a candidate’s record, for instance, opposing Governor Morrisey’s $250 million tax cut plan, is certainly fair game. However, it misleads the voter when that same candidate voted in favor of a $150 million tax cut in the most recent legislative session and previously voted for the largest income tax cut in the state’s history.
With that context, the voter gets a very different perspective of the candidate, a perspective that is purposefully omitted from campaign rhetoric.
The purpose of the mailers and other campaign materials attacking candidates is to motivate supporters to go to the polls. Chris Stirewalt pointed out in a 2022 article he penned for the American Enterprise Institute that the political parties are “very much arranged around the idea of motivation over persuasion.”
He continued to point out that the parties have created an atmosphere that “has pushed previously apathetic voters into action.”
Will it work?
It’s hard to say.
Recent polling by State Navigate looked at several key senate races and determined that most of them are neck and neck battles.
Secretary of State Kris Warner reported that early voting totals were actually about 8 percent higher than early turnout for the last off-year primary in 2022.
At least by this time Wednesday, it will all be over… for now.
West Virginia
West Virginia delegate candidates in Wood County split on top issues, from manufacturing to health care rules
PARKERSBURG, W.Va. (WTAP) – Candidates running for seats in the West Virginia House of Delegates in Wood County say their top priorities if elected range from job creation and workforce development to health care policy changes and infrastructure, as they make their case to voters ahead of the election.
Incumbent Delegate Vernon Criss, a Republican running in House District 12, said jobs would be his top focus, arguing Wood County has been left out of state efforts to attract manufacturing.
“It would be jobs,” Criss said. He pointed to what he described as $340 million available through a high-impact, jobs-related manufacturing fund for companies returning to West Virginia, saying the governor “has refused to use these dollars to help the county.” Criss also cited restoring highway funding and funding for drinking water and sewer projects as priorities.
Criss said he would also push for foster care legislation in the next session, noting the governor vetoed a foster care bill this year that he said would have helped families and relatives caring for children in the system.
In House District 13, Republican candidate Melissa McCrady said her leading priority is repealing the state’s certificate of need program, which she said restricts medical facilities and practices from opening in the state.
“The main issue that I would prioritize is the repeal of the certificate of need,” McCrady said, calling it a program that limits a “free market” approach to health care by requiring approvals before certain services can expand.
McCrady said she would also like to repeal the inventory tax on businesses, which she said makes West Virginia less attractive for economic growth. She also said she supports religious and philosophical vaccine exemptions for children and adults in response to future outbreaks.
On education, McCrady said she wants to give teachers and families more voice in Wood County and reduce what she called burdensome requirements and restrictions placed on classrooms. On jobs and cost of living, she said reducing taxes and regulations and allowing the market to develop would create more opportunity for residents.
Incumbent Delegate Scot Heckert, a Republican running in House District 13, said his top issues include “infrastructure, accountability” and school funding.
“Top issues right now is infrastructure, accountability, for the school funding,” Heckert said. He said policy changes depend in part on what he hears from residents, but added he believes the school aid formula should be reviewed and that traditional public schools, homeschooling and charter schools should be held to the same set of rules.
Heckert said the state needs to do more to support teachers and address long-term retirement funding costs. On jobs and workforce development, Heckert said building a workforce is essential and suggested the state should look at incentives and assistance programs to encourage employment.
Asked about transparency and accountability, Heckert said constituents can contact him directly.
“Any constituent of District 13 can call me anytime,” he said, adding, “You can’t have one without the other.”
Criss and McCrady also emphasized transparency as a priority. Criss said the budget process should remain open to the public, while McCrady said she wants to be accessible through office hours and multiple communication channels.
Candidate for House of Delegates district 12 Charles Hartzog was not available to be interviewed.
Voters in Wood County will choose their delegates in House Districts 12 and 13 in the upcoming election. Details on early voting and Election Day locations are available through the county clerk’s office.
Editor’s note: The video for this story will be added once it airs. Please check back for the updated video.
Copyright 2026 WTAP. All rights reserved.
Charleston, W.Va. — An abrupt closure at a Charleston recovery home last week left residents searching for a new place to stay, but members of the local recovery community stepped in to help keep many of them on track.
PAAC House closed its doors Friday after funding issues left employees unpaid for nearly a month, displacing 14 residents, many of whom were still in early sobriety.
For former resident John Boso, the closure came after weeks of uncertainty.
“Services started dropping off, we’d have less counseling, less things going on,” Boso said. “And then before we know it, it’s like, you’ve got to find somewhere else to go.”
Caroline Paxton, a founder of the nonprofit True Freedom, said the sudden disruption raised immediate concerns about residents’ stability.
“I think especially in early sobriety, that’s really stressful for anyone. And so our biggest concern was we want to make sure they were able to continue to stay sober and continue on this like recovery journey,” Paxton said.
Paxton and fellow True Freedom founder Michael Paxton said they already knew many of the men through the nonprofit’s meetings. When they learned the residents had just four days’ notice to find new housing, they began working to secure placements — a process that often involves applications, interviews and fees.
They connected with HopeWorks, a recently opened home, and worked to fast-track interviews the next day. HopeWorks Director Catherine Tyler said she fortunately had many beds open and their transition has been smooth so far.
“They’re doing great so far,” said Tyler. “They are already buddies from the PAAC House, and I think that’s going to be really good for them.”
Six of the men were able to stay together, something former residents said has been critical to their recovery.
“It’s awesome that we’re all together,” one resident said. “Brotherhood was the biggest thing we had going for us. That was the only thing we were sure of.”
The men said despite the sudden closure, due to securing placements they have been able to continue attending meetings and focusing on recovery.
Several residents said they feared the disruption could have pushed them backward in their recovery.
“I was hopeless thought I was going to go right back to the life I was living then bam Mike and Caroline to the rescue it was great,” Alden Smith said.
“I thought I had come all this way for nothing,” said Christian Taylor.
Michael Paxton said helping the men find stability has been worth every effort.
“Just to know these guys, know that they’re safe and they have a place they’re loved. You know, they still have another chance at life,” he said.
Those involved encouraged anyone struggling with addiction to reach out to True Freedom.
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