On April 18, a middle school track and field championship in West Virginia took an unexpected turn when five students from Lincoln Middle School refused to compete in the shot put event.
The reason for their protest? A transgender athlete, 13-year-old Becky Pepper-Jackson, was participating in the competition. This protest comes just two days after a federal appeals court ruled that West Virginia’s ban on transgender athletes violates Title IX, a law that prohibits sex discrimination in education.
The five girls, whose names were not disclosed, were promptly banned from future competitions. West Virginia Attorney General Patrick Morrisey has filed a lawsuit against the Harrison County Board of Education on behalf of the students, claiming that their ban is unjust and discriminatory. Morrisey stated, “I will do everything in my power to defend these brave young girls. This is just wrong. We must stand for what’s right and oppose these radical trans policies.”
The attorney general’s tweet was in response to a tweet from women’s rights activist and former college swimmer, Riley Gaines. Gaines has been a vocal supporter of female athletes who have chosen not to compete against transgender athletes and has stood by the Lincoln Middle School students’ protest. She tweeted, “These girls stood up for what they believed and their coach barred them from competing. Insane.” She also expressed concern that young girls are being taught to ignore their concerns for the sake of “progress”.
It remains unclear why the school or district decided to ban the girls from future events for their peaceful protest. On Wednesday, Gaines shared a video of one of the five athletes involved in the protest speaking at a press conference about the incident. The student explained, “Luckily, I found four lovely young girls willing to take a stand with me.” She added, “We hope that it opens eyes to many more to see that this is not right and the situation is eventually going to kill women’s sports forever.”
Despite the controversy surrounding Pepper-Jackson’s participation, she went on to win first place in the shot put event with a throw of 32 feet and second place in the discus event. This was a long-awaited victory for Pepper-Jackson, who has been fighting for years to compete in sports. In May 2021, West Virginia Governor Jim Justice passed a law banning transgender athletes from competing in middle school, high school, and college sports. However, on April 16, the 4th U.S. Circuit Court of Appeals ruled that this ban could not be applied to Pepper-Jackson.
The court’s decision does not overturn the state’s ban, as it only applies to Pepper-Jackson’s case. However, it could set a precedent for other transgender student-athletes who choose to challenge the ban. In their ruling, the court noted that Pepper-Jackson has been living as a girl for more than five years and has strictly participated in girls’ sports teams. She has also begun medical treatments such as puberty blockers and estrogen hormone therapy and has legally changed her name and gender marker on her birth certificate.
While the state can separate sports teams by gender, the court ruled that denying Pepper-Jackson the opportunity to participate in girls’ sports is a violation of her rights under Title IX. In a statement, ACLU West Virginia attorney Josh Block called the ruling a “tremendous victory”. However, Attorney General Morrisey expressed disappointment and vowed to continue fighting to safeguard Title IX. He emphasized the importance of protecting women’s sports and ensuring a fair playing field for all female athletes.
The appeals court’s decision was not unanimous, with Judge G. Steven Agee dissenting and stating that the state has the right to separate teams by gender assigned at birth. West Virginia is one of 24 states that have passed laws banning transgender women and girls from competing in sports consistent with their gender identity. Pepper-Jackson’s determination and resilience have inspired many, and she has no plans of giving up her passion for sports anytime soon. As her mother, Heather Pepper-Jackson, stated, “She tries to excel in everything that she does, just like any other kid… if she didn’t start the fight, who’s going to?”
