CHARLESTON – One Republican candidate says the vote to determine West Virginia’s next attorney general is more important than ever following a federal appeals court ruling that rejected the transgender student athlete ban.
In its 2-1 ruling April 16, the U.S. Fourth Circuit Court of Appeals said the state law can’t be applied to 13-year-old Becky Pepper Jackson because it violates Title IX, the federal civil rights law that prohibits sex-based discrimination in schools.
Becky Pepper Jackson has identified as a girl and taken puberty blockers since she was in third grade. Last year, the same court blocked an attempt to kick Jackson off of her middle school cross country and track and field teams. She has been living as a girl for more than five years and changed her name, and the state has issued her a birth certificate listing her as female.
Republican AG candidate Mike Stuart says the Fourth Circuit Court of Appeals’ ruling April 16 against the Save Women’s Sports Act is “paving the way for boys to compete in girls’ student sports across the state.”
“The (Fourth Circuit) Court is wrong,” said Stuart, who is a state senator and former U.S. Attorney for the Southern District of West Virginia. “Transgender boys should not be allowed to compete in women’s sports. As Attorney General, I would immediately appeal this ruling to the United States Supreme Court. The choice of the next Attorney General is even more important now.
“My record is clear. I will fight aggressively to protect the integrity of women’s sports and the values of West Virginia families. Boys should not be competing in women’s sports.”
Stuart also called out J.B. McCuskey, state auditor and the only other Republican candidate for AG in the May 14 primary.
“My opponent for Attorney General is soft on this issue,” Stuart said. “Voters need to know he joined with the most outspoken liberals in West Virginia to help fund Fairness WV, West Virginia’s leading statewide group dedicated to advancing the trans agenda.
“In a debate with my opponent last week, he again openly praised the founder of Fairness WV and reaffirmed his sponsorship of the organization. Aiding and funding the organization is every bit as bad as being a direct promoter of this assault on women’s sports and West Virginia families. I will aggressively defend West Virginia families and fight to overturn this bad decision.”
McCuskey told The Record he believes the Fourth Circuit ruling is "absolutely ridiculous" and says girls have the right to the safety and competition the West Virginia law provides.
"I am the father of two young girls who both play sports, and I will ensure as Attorney General that every single girl in West Virginia has access to a safe playing field, safe locker rooms and a competitive environment that enables them to showcase their skills," McCuskey told The Record. "Biological males have zero place in female sports. It's just common sense. There is a safety and fairness aspect to all of this.
"I stand with Patrick Morrisey as he defends West Virginia's law over the next few months in the U.S. Supreme Court."
The two Democratic candidates for Attorney General took a different approach to the ruling.
“Our Constitution protects all Americans, including transgender Americans,” Wheeling attorney Teresa Toriseva told The Record. “The Fourth Circuit ruling is consistent with the clear law of the land.
“What troubles me is that we have real, pervasive problems in West Virginia that our elected officials are not fixing or even discussing. Instead, they target a small, vulnerable part of our population and try to turn the rest of us against them.
“This is exactly what the courts are for: To stop rogue politicians who are using made up crisis to attack American citizens, all of whom stand equal under the law. When I’m elected Attorney General, I’ll protect and fight for all West Virginians, and I’ll never use my office to attack West Virginia citizens or try to turn them against each other.”
Richie Robb, former mayor of South Charleston, partly agreed with Toriseva.
“We have greater problems in West Virginia than transgender sports,” Robb told The Record. “We have the fourth highest utility rates in the country and highest power outages (2022). My commitment is to greater advocacy in those areas.
“I also think we need a true national commitment to the so-called 'War on Drugs' with agencies of all state and federal government including Department of Defense.”