In a landmark decision on April 16, 2024, the Fourth Circuit Court of Appeals in the United States overturned a West Virginia law that banned transgender girls from participating in sports teams that align with their gender identity. The court found the “Save Women’s Sports Act” to be in violation of Title IX, which prohibits sex-based discrimination in educational programs and activities receiving federal financial assistance.

The lawsuit was initiated by Becky Pepper-Jackson, a 13-year-old transgender girl. Pepper-Jackson argued that the law would either compel her to join an all-boys team, which did not reflect her gender identity, or prevent her from participating in school sports altogether. Becky has been under puberty-blocking treatment since the third grade, supporting her case that her participation in girls’ sports did not breach the competitive fairness the law sought to protect.

Judge Toby Heytens, writing for the court, stated that forcing her to compete in boys’ teams was not a viable option, thus supporting the need for her to compete in accordance with her gender identity. The court, however, did indicate that the Title IX protections are not absolute, suggesting that transgender participation may require considerations of puberty stages and testosterone levels.

The case was brought forward with the support of the American Civil Liberties Union (ACLU), ACLU West Virginia, and Lambda Legal, who celebrated the ruling as a significant victory for transgender rights in sports. Conversely, West Virginia Attorney General Patrick Morrisey expressed his disappointment with the decision, citing concerns over maintaining the integrity of women’s sports.

This ruling forms part of a broader national discourse and legal examination of transgender rights within the United States, particularly in contexts such as sports and public health.