The United States Court of Appeals for the Fourth Circuit has overturned the West Virginia transgender sports ban in a ruling that came down on Tuesday. The ban, known as the Save Women’s Sports Act, had focused on preventing transgender athletes from competing in female sports in middle and high schools and colleges.
The ruling reverses an earlier decision in favor of the state that had upheld the ban. The American Civil Liberties Union (ACLU) of West Virginia and Lambda Legal filed a lawsuit on behalf of a 13-year-old transgender girl who participated in middle school track, challenging the constitutionality of the ban.
In their decision, the Fourth Circuit ruled that the law violates Title IX, the federal civil rights law that prohibits sex-based discrimination in schools. West Virginia’s Attorney General expressed deep disappointment in the court’s 2-1 ruling, maintaining that he believed the Save Women’s Sports Act was constitutionally permissible.
The Save Women’s Sports Act had narrowly passed the state Senate in 2021 before being overwhelmingly approved in the House of Delegates. The ruling marks a significant legal victory for transgender rights advocates and sets a precedent for how states handle transgender athlete participation in school sports.