(NewsReady.com) – There’s a battle between conservatives around the country and those who want to allow transgender athletes to participate in female sports. States have been implementing bans to reportedly protect the rights of women and girls. West Virginia is one that has passed such a law. The Supreme Court recently issued a ruling that’s being seen as a win for activists.
On April 6, the high court denied an emergency request from West Virginia to enforce its ban on transgender athletes in female sports. The Fourth Circuit Court of Appeals blocked the state from enforcing its transgender sports ban. State Attorney General Patrick Morrisey filed the request in the high court and asked the justices to allow the law to go into effect.
The high court didn’t sign its order or explain why it made the decision, but Justice Samuel Alito was joined by Justice Clarence Thomas in dissent. Alito argued his fellow justices failed to explain the reasons for their decision.
Alito said that he would have granted West Virginia’s motion to enforce its law, saying it shouldn’t have been “forbidden by the federal courts without any explanation.”
#SCOTUS rejects West Virginia's request to enforce state law barring transgender girls from girls' sports teams against 12-year-old wanting to compete on her middle-school track team while litigation continues. Here is order: https://t.co/8rJS5urLga
— Amy Howe (@AHoweBlogger) April 6, 2023
The decision by the justices clears the way for 12-year-old Becky Pepper-Jackson, a transgender girl, to try out for her school’s cross-country team. She’s been playing on girls’ teams for several seasons, but the law would forbid that if it goes into effect.
POLITICO published a statement from Lambda Legal and the American Civil Liberties Union saying they are “grateful” for the high court’s decision.
In his dissent, Alito said he believes the high court would eventually have to weigh in on the issue of transgender kids playing sports. The recent decision was the second time the SCOTUS has refused to hear a case regarding the issue.
The West Virginia case will now be heard by the full appeals court.
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