In a significant ruling on Tuesday, the 4th U.S. Circuit Court of Appeals declared that West Virginia's transgender sports ban violates the rights of a 13-year-old transgender athlete under Title IX, the federal civil rights law that prohibits sex-based discrimination in schools. The court's decision, in a 2-1 ruling, stated that the law cannot be applied to the teen athlete, who has been taking puberty-blocking medication and publicly identified as a girl since third grade.

The court's ruling comes after it had previously blocked the state's attempt to remove Becky Pepper Jackson, the transgender athlete, from her middle school cross country and track and field teams if the ban were enforced. Judge Toby Heytens emphasized the lack of choice the ban imposed on Jackson, stating that offering her the option to either not participate in sports or compete only on boys' teams was not a real choice at all.

The court ruled in favor of the American Civil Liberties Union (ACLU), its West Virginia chapter, and LGBTQ interest group Lambda Legal, who had sued the state, county boards of education, and superintendents after the ban was signed into law by Republican Governor Jim Justice. Jackson has been living as a girl for over five years, changed her name, and holds a birth certificate issued by the state of West Virginia that lists her as female. The court noted that she has been taking puberty-blocking medication and estrogen hormone therapy and has exclusively participated in girls' athletic teams since elementary school.

"This is a tremendous victory for our client, transgender West Virginians, and the freedom of all youth to play as who they are," said ACLU West Virginia attorney Joshua Block in a statement.

Following the ruling, West Virginia Attorney General Patrick Morrisey expressed deep disappointment, stating that the ban remains in place except for this specific case. Morrisey vowed to continue fighting to safeguard Title IX and protect women's sports.

The appeals court emphasized that its ruling did not bar government officials from creating separate sports teams for boys and girls based on gender assigned at birth. They also clarified that they did not hold Title IX required schools to allow every transgender girl to compete on girls' teams, regardless of puberty or hormone levels. The court specifically found that the district court had erred in granting the defendants' motions for summary judgment in this case.

Sports participation has become a battleground for legislation and legal disputes surrounding transgender rights in recent years. Many Republican-controlled states, including West Virginia, have passed restrictions on participation in women's or girls' sports and imposed limitations on gender-affirming healthcare for minors.

West Virginia is one of at least 24 states with such a ban in effect. Similar bans are in place in Alabama, Arkansas, Florida, Indiana, Iowa, Kansas, Kentucky, Louisiana, Mississippi, Missouri, Montana, North Carolina, North Dakota, Oklahoma, South Carolina, South Dakota, Tennessee, Texas, and Wyoming. However, judges have temporarily delayed enforcement of the bans in Arizona, Idaho, and Utah, and the 2nd Circuit revived a challenge to Connecticut's policy permitting transgender girls to compete in girls' sports.

While this ruling specifically applies to Jackson's case, the ACLU-West Virginia encourages any other individuals impacted by the ban to reach out to their legal team for support.