Transgender athletes in West Virginia can compete in female school sports while an appeal is heard on a state law banning their participation, a divided federal appeals panel ruled Wednesday.
The 4th U.S. Circuit Court of Appeals ruled 2-1 to reinstate a preliminary injunction, sought by the American Civil Liberties Union.
The 2021 law signed by Republican Gov. Jim Justice applies to middle and high schools, as well as colleges.
Last month a federal judge dissolved the preliminary injunction, which he had issued in July 2021. The judge also ruled the law did not violate Title IX, the landmark gender equity legislation of 1972.
The ACLU and its West Virginia chapter filed suit on behalf of an 11-year-old transgender girl who hoped to compete in middle school cross-country in Harrison County.
The lawsuit named the state and county boards of education and their superintendents as defendants.
More than a dozen states have passed laws banning or restricting transgender athletes’ participation in sports based on the premise that they have an unfair competitive advantage, despite a lack of widespread cases.
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