2 states file Supreme Court appeals over transgender sports ban

Officials from West Virginia and Idaho filed appeals with the U.S. Supreme Court in efforts to enforce laws that would prevent transgender athletes from competing in girls and women’s sports.

Each state filed its own petition Thursday in hopes the court would overturn rulings that blocked those laws from taking effect.

A ruling is not expected for nearly another year, but the cases could be heard as early as September.

“Back in April, the 4th Circuit handed down a 2-1 ruling that reversed an earlier decision upholding the West Virginia’s Save Women’s Sports Act. I promised back then that I would keep fighting for the safety, well-being and fairness in women’s sports, and now I’m keeping that promise,” said West Virginia Attorney General Patrick Morrisey. 

“We are confident in the merits of our defense of this obviously constitutionally permissible law, which through and through complies with Title IX and the Constitution. That’s why we are taking this to the Supreme Court. West Virginia’s law protects fairness and safety for girls and women in sports. It’s really that simple.”

“Idaho is committed to ensuring that our women and girls get a fair shot on and off the field,” said Idaho Attorney General Raúl Labrador. “While we’ve been fighting for fair and equal athletic competition, activists have been pushing a radical agenda that will ultimately sideline women and girls. 

“Many athletic associations around the world have seen the obvious truth that men are naturally stronger and would create a dangerous, unfair environment for women to showcase their incredible talent in sports. We are asking the U.S. Supreme Court to uphold our law and ensure that women and girls get the opportunities they deserve.” 

The Capitol Building Of West Virginia (iStock)

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Both states cite the equal protection clause of the 14th Amendment in their respective petitions.

“With sex-separated sports, women have a chance to compete while not risking their safety against physiologically different competitors,” West Virginia’s petition states. “Yet more recently, Title IX’s promise of equal opportunity for women and girls began breaking down, as men and boys identifying as women and girls have increasingly been competing in women’s sports — and winning. Women have been pushed out of podium spots, championship bids, and other chances at fair competition.”

The Biden administration recently rewrote Title IX to give trans participants more protection.

A federal judge blocked Biden’s Title IX rule in Louisiana, Mississippi, Montana, Idaho, Kentucky, Ohio, Tennessee, Indiana, Virginia and West Virginia last month.

Idaho State Capitol Building in Boise (Powerofforever via Getty Images)

The New Hampshire Senate passed a bill in May that would bar transgender athletes in grades 5-12 from competing against the gender they identify as.

Passage of the New Hampshire bill came a couple of weeks after Arkansas Gov. Sarah Sanders signed an executive order in response to the new Title IX regulations. Sanders said she was “appalled” by the “attack on common sense.”

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