West Virginia
US appeals court finds West Virginia transgender sports ban violates anti-discrimination law
The US Court of Appeals for the Fourth Circuit ruled on Tuesday that West Virginia’s ban on transgender girls competing on girls’ sports teams violates a transgender student’s rights under Title IX.
The law, which is known as the “Save Women’s Sports Act,” prohibits individuals who were assigned male at birth from competing on girls’ athletic teams. The act also says, however, that it shall not be “construed to restrict the eligibility of any student to participate in any… teams or sports designated as ‘males,’ ‘men,’ or boys.’” The court therefore found that the law prohibits only one category of students, transgender girls, from participating in sports teams that correspond with their gender.
The plaintiff, a 13-year-old transgender girl named Becky Pepper-Jackson, filed suit against the West Virginia State Board of Education in 2021. She claimed the act violated her right to equal protection under the Fourteenth Amendment as well as her rights under Title IX, a federal law that prohibits discrimination on the basis of sex in federally-funded educational programs.
The court found for the plaintiff on the Title IX claim, stating the plaintiff demonstrated that “applying the Act to her would treat her worse than people to whom she is similarly situated, deprive her of any meaningful athletic opportunities, and do so on the basis of sex.” The court stated, “‘[E]motional and dignitary harm… is legally cognizable under Title IX’ and it requires no feat of imagination to appreciate the ‘[t]he stigma of being’ unable to participate on a team with one’s friends and peers.” The ruling also stated that the act “goes further by requiring [the plaintiff] to take on additional harms to avoid forfeiting the ability to play school sports altogether.” Provided that the plaintiff has been publicly living as a girl for more than five years, changed her name and sex on her birth certificate, takes puberty-blocking medication, and has only participated on girls’ sports teams, the court found that “offering [her] a ‘choice’ between not participating in sports and participating only on boys teams is no real choice at all” and would “directly contradict the treatment protocols for gender dysphoria.”
The court declined to overrule the law or prohibit government officials from creating and drawing the line between separate teams for boys and girls. The ruling stated, “We also do not hold that Title IX 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.” The court also reversed the lower court’s decision that found in the defendants’ favor on the equal protection claim and sent that issue back to the lower court.
West Virginia Governor Jim Justice signed the bill into law in April 2021, and the American Civil Liberties Union (ACLU), the ACLU of West Virginia, and LGBTQ+ rights group Lambda Legal filed suit on behalf of the plaintiff a month later. Legal Director of the ACLU of West Virginia Aubrey Sparks celebrated the court’s ruling, stating, “We hope today’s ruling sends a message of hope to the trans youth of West Virginia… and a message of warning to politicians who continue to dehumanize this vulnerable population.”
West Virginia Attorney General Patrick Morrisey, however, said he planned to appeal the ruling. He stated, “We must keep working to protect women’s sports so that women’s safety is secured and girls have a truly fair playing field.”
West Virginia is one of 24 states that ban transgender students from participating in sports consistent with their gender identity. In January, the Ohio legislature overrode the governor’s veto of a bill that would restrict transgender participation in sports, but an Ohio court temporarily blocked that ban on Tuesday. Earlier this month, Wisconsin Governor Tony Evers vetoed a bill that would require schools to separate sports based on students’ assigned sex at birth.
— Story by David Walsh, Photo gallery by Will Wotring
HUNTINGTON, W.Va. — Divisions I and II are going as expected after Thursday night’s opening round in the 78th West Virginia High School State Wrestling Tournament at Mountain Health Network Arena. University, seeking a third straight large school title, and Parkersburg found themselves in the top two in the standings on a night dominated by pins as No. 1 seeds would beat up on No. 4 seeds.
University started the event minus two competitors. One did not make weight and the other, who won a state title a year ago, is not competing as he’s recovering from a football injury.
One competitor delivering big for the Hawks is Maximus Fortier, a junior who transferred in from Fairmont Senior. While there, he won the state title as a freshman at 144 with a final record of 41-1. He competes at 165 now and is 36-2 after winning with a first-round pin Thursday night.
“Come down, support the team and try to win,” Fortier said of his battle plan. “Wrestle the way we know how.”
Fortier and the Hawks won the Ron Mauck OVAC title, the WSAZ Invitational and West Virginia Duals during the season. He competed in two major tournaments as well. He went 2-2 in the Ironman and won his weight class in the Powerade Tournament which attracts the top teams in the nation.
“Wasn’t ready,” he said about the Ironman. “Did my thing at Powerade. It was big.”
Fortier said support at his new school grows every day.
“They treat me like family,” he said.
Strategy for the State Tournament is simple.
“Wrestle the way we know how to wrestle,” Fortier said.
University capitalized on a strong finish in the heavier weights and leads with 47 points. Parkersburg, which finished second here last year, trails with 39.5. Cabell Midland is third with 37.5 and Huntington fourth with 32.5.
Ripley is in year two in Division II. The Vikings placed sixth a year ago. They came to town as the Region 4 winner and qualified 11 with nine taking first and the other two second. Ripley leads after Thursday with 38 points thanks to wins by pin or major fall. Independence is second with 27 and Keyser third with 25.5. Cameron is the leader in Division III with 16 points.
The tournament continues Friday with sessions at 11:30 a.m. and 7:30 p.m. On Saturday, the girls have their state with action starting at 8 a.m. The boys begin at 10:30.
Championship finals are Saturday night at 6:30. Wrestlers are now seeded prior to the tournament and the pill breaks deadlocks.
During the season, Ripley won the West Virginia Duals, beat Herbert Hoover twice, Point Pleasant and also got wins over Parkersburg South and Huntington.
Losing to Kansas State wiped away all hope for West Virginia to make the NCAA Tournament. That seems to be the clear consensus in the Mountain State, but is there actually still a chance? Well, I guess so.
ESPN bracketologist Joe Lunardi still has West Virginia listed as a team to consider, the second team outside of the “next four out” grouping.
Lunardi’s current NCAA Tournament bubble
Last Four Byes: Missouri, Texas A&M, Texas, Ohio State
Last Four In: SMU, Santa Clara, New Mexico, Indiana
First Four Out: VCU, Auburn, Virginia Tech, Cincinnati
Next Four Out: San Diego State, USC, California, Seton Hall
Next: Stanford, West Virginia, Oklahoma, Arizona State
How is this even possible?
Short answer? I don’t really know.
My best guess as to why? Two things: the respect for the Big 12 and the opportunities left on the table, and two, an incredibly weak bubble.
Should West Virginia beat UCF on Friday, it will give the Mountaineers a 9-9 record in Big 12 play. That’s not as much of a guarantee to make the dance as having a winning record, but still, it’s an impressive mark, especially when, in this instance, they would have wins over Kansas, BYU, and sweeps over Cincinnati and UCF.
If you ask me, they still have too many bad losses for it to matter. I mean, even if they got red-hot out of nowhere and made it to the Big 12 championship game next week, is that enough? Potentially, but that’s a big IF.
The one thing WVU does have on its side is the number of Quad 1 wins, which they have five of. Virtually every other team in college basketball that has a minimum of five Quad 1 victories is expected to make the tournament. In that previously mentioned scenario, they would add at least one more Quad 1 win in the conference tournament, giving the committee something to think about.
The bubble is just incredibly weak, though. Like, how in the world is Auburn, who is 16-14 currently, the second team out of the field? Cincinnati, which WVU swept and has the same record as, is the fourth team in the “first four out” grouping.
At this point, the only path I see is for the Mountaineers to cut down the nets in Kansas City — good luck with that. We could be having a very different conversation if they didn’t lallygag their way through the first 30 minutes of the games against Utah and Kansas State.
Buckle up, Upshur County. Starting Friday, March 6, law enforcement officers across West Virginia will step up seatbelt enforcement as part of a statewide Click It or Ticket campaign running through March 23.
The West Virginia Governor’s Highway Safety Program (GHSP) announced the high-visibility mobilization as a warm-up to the national seatbelt campaign in May. The goal is to ensure every occupant — front seat or back, driver or passenger — is buckled on every trip.
“During this mobilization, law enforcement officers across West Virginia will be out in full force. They will be strictly ticketing drivers who are unbuckled or who are transporting children not properly restrained in car seats,” said Jack McNeely, Director of the GHSP.
The numbers behind the campaign are sobering. In 2023, 40% of passenger vehicle occupants killed in West Virginia crashes were unrestrained. The state’s seatbelt usage rate has also slipped — from 91.9% in 2024 to 91.6% in 2025.
Rural drivers face elevated risk despite a common assumption that country roads are safer. In 2023, 65% of the state’s traffic fatalities occurred in rural areas, compared to 35% in urban centers.
Under West Virginia law, wearing a seatbelt is required. A citation carries a $25 fine, though McNeely says the real point isn’t the penalty.
“Click It or Ticket isn’t about the citations; it’s about saving lives,” he said. “A ticket is a wake-up call. It is far less expensive than the alternative — paying with your life or the lives of your family and friends.”
For more information about the West Virginia Governor’s Highway Safety Program, visit highwaysafety.wv.gov or call 304-926-2509.
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