It’s just basic fairness and common sense to not have biological males play in women’s sports.”īecky has asserted the West Virginia law violates the 14th Amendment’s Equal Protection Clause and Title IX, the federal civil rights law that prohibits sex-based discrimination in schools.

“We maintain our stance that this is a common sense law-we have a very strong case. “This is a procedural setback, but we remain confident that when this case is ultimately determined on the merits, we will prevail,” Morrisey said in a statement. The measure, officially titled the “Save Women’s Sports Act,” bars transgender female athletes from participating in sports consistent with their gender identity in public elementary schools, high schools and universities. West Virginia in 2021 became the seventh state in the nation – and the sixth that year – to enact a law prohibiting transgender women and girls from competing on female sports teams. Justice Samuel Alito in a statement joined by Justice Clarence Thomas dissenting from the decision said the case “concerns an important issue that this Court is likely to be required to address in the near future.”

The appeals panel is now set to hear the student athlete’s appeal in full, and the case could ultimately return to the high court. In a brief, unsigned order, the justices denied the state’s emergency request to lift an appeals court’s injunction, which enabled a transgender girl to compete on her middle school’s female teams until the three-judge panel reaches a final decision. ( The Hill) - The Supreme Court has ruled that transgender athletes in West Virginia can compete on female school sports teams in response to a challenge by the state to allow it to enforce a law that prohibits such athletes from doing so.

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