A federal court has upheld the state's Save West Virginia Women's Sports law, which prohibits transgender students from participating in women's sports. In the order, Southern District Judge Joseph R. Goodwin noted that the "inherent physical differences between the sexes" gives biological males an advantage over females.
"While some females may be able to outperform some males, it is generally accepted that, on average, males outperform females athletically because of inherent physical differences between the sexes. This is not an overbroad generalization, but rather a general principle that realistically reflects the average physical differences between the sexes," the ruling states.
Sex is substantially related to athletic performance
This is not the first time that Goodwin, who was appointed by Bill Clinton, has had to judge this rule. In fact, in July 2021 he blocked the law noting that "being transgender is natural and is not a choice." However, he acknowledged that "sex is also natural, and dictates the physical characteristics that are relevant to athletics."
The fact is, however, that a transgender girl is biologically male and, barring medical intervention, would undergo male puberty like other biological males. And biological males generally outperform females athletically. The state is permitted to legislate sports rules on this basis because sex, and the physical characteristics that flow from it, are substantially related to athletic performance and fairness in sports.
The Act does not violate the 14th Amendment or Title IX.
On this occasion. the court was to rule on the constitutionality of the state rule following a complaint by the American Civil Liberties Union on behalf of Becky Pepper-Jackson, an 11-year-old transgender minor who is barred by law from enrolling on her school's girls' cross country team. According to this organization, Save Women's Sports "violated Pepper-Jackson's rights under the Equal Protection Clause of the 14th Amendment and Title IX, a federal law that prohibits discrimination on the basis of sex."
The plaintiffs received a statement of interest from the Department of Justice supporting their claims. "A state law that limits or denies a particular class of people’s ability to participate in public, federally funded educational programs and activities solely because their gender identity does not match their sex assigned at birth violates both Title IX and the Equal Protection Clause," it says.
"Justice for women's sports".
The state's attorney general, Patrick Morrisey, however, believes just the opposite and did not hesitate to celebrate the ruling. "It's not just about simple biology, it's about fairness for women's sports, plain and simple. The opportunities for girls and women in the field are precious and we must safeguard that future," he said.
BIG DEVELOPMENT for FAIRNESS in WOMEN’S SPORTS
This afternoon, the U.S. District Court for the Southern District of WV ruled the state legislature’s definition of “girl” and “woman” in the context of HB 3293 (Save Women’s Sports Bill) is “constitutionally permissible.”— Patrick Morrisey (@MorriseyWV) January 5, 2023
The ACLU is considering appealing the ruling.
For its part, the ACLU regretted the ruling, and announced that it was evaluating it with other lawyers. Both high schools, secondary schools and universities are subject to the restriction.
Last week, our case against West Virginia's discriminatory trans athlete ban was dismissed. We know times like these are especially difficult for trans people. We want to remind all of you that you matter, that you are invaluable. 🧵
— ACLU of WV (@ACLU_WV) January 9, 2023
