The Supreme Court on Thursday threw out a lawsuit filed by West Virginia to block a law that bars biological children from playing on women's sports teams, as the state fights the law with the American Civil Liberties Union (ACLU).
Judgment means that the decision of a lower court remains in effect while the trial continues.
Justices Samuel Alito and Clarence Thomas ruled that, unlike West Virginia law, "a federal court cannot block the application of a contested statute without explanation."
Last month, West Virginia Attorney General Patrick Morrissey and lawyers from the Alliance for Defenders of Freedom (ADF) petitioned the Supreme Court to hear the case. The ACLU wants to repeal the state's Women's Sports Protection Act, which prohibited male student-athletes who identify as female from playing on girls' school sports teams.
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When the state law was passed in 2021, she immediately faced a lawsuit from the ACLU representing Becky Pepper-Jackson, a transgender high school student who was banned from the women's field team.
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The ACLU argued that the action violated Pepper-Jackson's rights under the Equality Clause of the 14th Amendment and Article IX. By title, federal laws against discrimination on the basis of sex. On Thursday, the ACLU praised the Supreme Court for upholding the law during the troubles.
"We are grateful that the Supreme Court ruled today that there is no emergency and that Becky must make the high school team with her teammates while competing in our West Virginia Trans Challenge. She has performed without incident in the three seasons since the strict ban Youth sports avoid the courts,” the ACLU said in a statement Thursday.
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AG Morrisey told Fox News Digital that while Thursday's Supreme Court decision was a "procedural setback," he felt "very strongly" that they would ultimately win the case.
“Today's decision does not put an end to this case,” ADF General Counsel Christiana Keefer said in a statement.
"While we look forward to the Supreme Court overturning the 4th Circuit's ruling against West Virginia's women's sports law, we remain committed to defending athletes by bringing this case to the appellate courts and throughout the district." We defend women's sports with other claims”, he said.
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"Every woman deserves the respect and dignity that comes with equal opportunity to excel and win in athletics," she said.
Kiefer hopes that the Supreme Court will soon have the opportunity to hear one or more cases involving transgender players on women's sports teams. and IX. completion of the race”.
BPJ v. West Virginia State Board of Education before the Fourth Circuit.