*Plaintiff Becky Pepper-Jackson (she/her)*

Fourth Circuit Court of Appeals

On appeal from the U.S. District Court for the Southern District of West Virginia

Case no. 2:21-cv-00316 (Southern District of West Virginia)
Case no. 23-1130, 23-1078 (Fourth Cir. Court of Appeals)
Case no. 22A800 (SCOTUS - closed)
Case no. 24-44 (SCOTUS - closed)

STATUS: ONGOING.

RECENT UPDATES: On April 16, 2024, the Court of Appeals ruled in favor of the plaintiffs, finding that the West Virginia ban on trans youth participation in sports violated Title IX. The court remanded the Equal Protection claim for further proceedings before the district court. On November 18, 2024, the Supreme Court denied the state’s petition for review, and proceedings before the district court resumed.

background

In 2021, West Virginia passed the “Save Women’s Sports Act” banning transgender children from participating in school sports on teams that align with their gender identity.

11-year old Becky Pepper-Jackson, a transgender girl, and her family brought suit against the State Board of Education alleging violations of Title IX and the Equal Protection Clause of the U.S. Constitution.

On January 5, 2023, the District Court ruled in favor of the state-defendants and found that the Act did not violate federal law or the Constitution. Shortly thereafter, the Fourth Circuit granted the plaintiffs’ motion for an injunction pending appeal, allowing Becky to continue participating on her cross-country and track-and-field teams until it ruled on her appeal. The state-defendants asked the Supreme Court to vacate the injunction, reasoning that Becky’s modest success in middle school sports harmed other children. The Supreme Court denied the application - over a dissent from Justices Alito and Thomas - and allowed Becky to keep running for her team.

On April 16, 2024, the Fourth Circuit ruled in favor of Becky. It found that the West Virginia law discriminated against children on the basis of gender identity and, therefore, sex, in violation of Title IX. Further, it vacated the district court’s granting of summary judgment for the state-defendants on the Equal Protection claim, and remanded the issue for further proceedings.

The ruling is a tremendous victory for Becky and for trans youth in West Virginia. The Fourth’s Circuit’s decision is one of several federal rulings that have struck down state laws prohibiting transgender athletes from participating equally in school sports.

UPDATES

May 5, 2024: The deadline to file a petition for rehearing en banc has passed. The Fourth Circuit decision ruling in favor of Becky on her Title IX claim will not be subject to review by the appellate court.

June 7, 2024: The district court GRANTED the defendants’ motion to stay proceedings pending their appeal to the Supreme Court.

Nov 18, 2024: The Supreme Court DENIED defendants’ petition for review.

Jan 31, 2025: As of this date, there have no developments in the district court docket since the Supreme Court’s cert denial. It is unclear if briefings regarding the Equal Protection issue will continue.