CHARLESTON — An 11-year-old is challenging the state's new law that bans transgender girls and women from participating in school sports.
Becky Pepper-Jackson, 11, through her mother, Heather Jackson, sued the West Virginia Start Board of Education, Harrison County Board of Education, West Virginia Secondary School Activities Commission, W. Clayton Burch and Dora Stutler in U.S. District Court for the Southern District of West Virginia in Charleston.
Lambda Legal, the American Civil Liberties Union, ACLU West Virginia and Cooley LLP filed the lawsuit for Pepper-Jackson. Pepper-Jackson, whose entire family enjoys running, was hoping to join her Bridgeport Middle School cross country team.
“I just want to run, I come from a family of runners,” Pepper-Jackson said in a news release. “I know how hurtful a law like this is to all kids like me who just want to play sports with their classmates, and I’m doing this for them. Trans kids deserve better.”
Joshua Block, a senior staff attorney with ACLU, said ACLU has continually said they would take the transgender sport's laws to court.
“We told lawmakers around the country that we would see them in court if they passed legislation attacking trans youth, and today we are making good on that promise,” Block said in a news release. “Transgender youth in West Virginia who want to be on a team and challenge themselves should have the opportunity to do so, just like any other student.”
The lawsuit states that Pepper-Jackson will be denied the opportunity to participate simply because she is transgender if the court does not intervene.
"As part of a wave of similar legislation introduced across the country, West Virginia passed a new law in April 2021 that categorically bans B.P.J. and all other girls who are transgender in West Virginia from participating in school sports consistent with their gender identity," the complaint states.
The complaint claims that House Bill 3293 was prompted by unfounded stereotypes, false scientific claims and baseless fear and misunderstanding of girls who are transgender.
"By barring B.P.J. and other girls who are transgender from participating in school athletics, HB 3293 discriminates on the basis of sex and transgender status in violation of the United States Constitution and Title IX of the Education Amendments of 1972," the complaint states. "If allowed to go into effect, HB 3293 will cause severe and entirely unnecessary harms and distress to B.P.J. and other girls who are transgender — an already vulnerable group of people subject to a history of discrimination that continues to this day."
Pepper-Jackson is seeking a court order to enjoin the defendants from enforcing House Bill 3293. She is represented by Loree Start of ACLU WV; Kathleen Hartnett, Julie Veroff, Andrew Barr, Elizabeth Reinhardt and Katelyn Kang of Cooley LLP; Carl Charles, Tara Borelli and Avatara Smith-Carrington of Lambda Legal; and Joshua Block, Taylor Brown and Chase Strangio of ACLU.
West Virginia Attorney General Patrick Morrisey previously had said he was reviewing the law and was prepared to defend its legality in court. Curtis Johnson, spokesman for the AG's office, said May 26 the office is reviewing the case and will respond later at an appropriate time.
