CHARLESTON – It’s a case of simple biology.
It’s a case about fair play.
Most of all, it’s plain common sense.
Our case is about the issue of fairness in women’s sports, a West Virginia law that we are taking all the way to the U.S. Supreme Court. We believe the Court will see the issue the way we do: this is about protecting opportunities for women and girls in sports because when biological males compete — and win — in a women’s event, female athletes lose their opportunity to shine.
We are asking the Supreme Court to allow us to enforce the Save Women’s Sports Act, which simply demands that all biological males, including those who identify as transgender girls, are ineligible for participation on girls’ sports teams. Some will claim this is simply discrimination, but nothing could be further from the truth.
The injunction reinstated by the United States Court of Appeals for the Fourth Circuit against the state law harms biological female athletes, who will continue to be displaced as long as biological males join women’s sports teams. In that way, the Fourth Circuit’s decision undermines equal protection — it doesn’t advance it. If males are allowed to compete alongside females, fairness evaporates.
Lainey Armistead, who played soccer at West Virginia State University, intervened in the case when a biological male student identifying as a female at Bridgeport Middle School challenged the Act.
Lainey’s story echoes the experiences of female athletes across the nation.
She recalls playing soccer with her brothers and other boys, whom she said were, even though younger, much stronger and faster than her — or other girls, for that matter.
She had the opportunity to play soccer in college on a level playing field because of Title IX, a federal statute that was signed into law on June 23, 1972. It prohibits sex-based discrimination in any school or any other education program that receives funding from the federal government.
It’s really quite simple: Title IX dictates that girls and women get their fair share of opportunities in education, and its regulations make it clear that this could be accomplished in school athletic programs by having “separate teams for members of each sex” where the teams are based on competitive skill.
West Virginia enacted HB 3293 on April 28, 2021. It was designed to maintain the integrity of girls’ and women’s sports in both secondary and postsecondary public schools. The Act was in furtherance of Title IX’s efforts to promote athletic opportunities for female athletes.
This is the first case of its kind to reach the high court.
Make no mistake, we will keep fighting so female athletes can compete on a level playing field.
West Virginia’s law protects fairness and safety for girls and women in sports.
It’s really that simple.
Morrisey, a Republican, is West Virginia's Attorney General.