Five West Virginia high school students who protested a trans athlete’s participation in a shot put competition have been banned from future competitions.
Becky Pepper-Jackson, 13, competed in the Harris County Middle School Track and Field Championship on April 18, two days after a federal appeals court ruled that West Virginia’s transgender sports ban violates the teen’s rights under Title IX .
Five girls from Lincoln Middle School came to the circle for their turn and then refused to throw the ball.
West Virginia Attorney General Patrick Morrisey filed a lawsuit against the Harrison County Board of Education on behalf of the student after he was barred from future events.
“I will do everything in my power to defend these brave young girls. This is just wrong. We must stand for what is right and oppose these radical trans policies,” Morrisey said Monday.
Five Lincoln Middle School girls who refused to compete against a transgender athlete during a shot put competition on April 18 have been banned from future competitions
Becky Pepper-Jackson, 13, competed in the Harris County Middle School Track and Field Championship and took first place in the shot put with her 10-meter effort
West Virginia Attorney General Patrick Morrisey filed a lawsuit against the Harrison County Board of Education on behalf of the student
The attorney general posted his tweet in response to women’s rights activist and former college swimmer Riley Gaines, who supported female athletes who refused to compete against transgender athletes.
“These girls stood up for what they believed and their coach banned them from participating. Insane,” Gaines said.
“It is dangerous to teach young girls to ignore the threats their eyes and ears warn them about. What do some people call this ‘progress’?’
It is unclear why the school or district banned the girls from future events because of their recent protest in which they walked to the box to throw the shot put before leaving without throwing.
On Wednesday, Gaines posted a video of one of the five athletes involved in the protest speaking about the incident at a news conference.
The teen said, “Luckily I found four lovely young girls willing to take a stand with me.”
“We hope it opens the eyes of many more people to see that this is not right and that the situation will ultimately kill women’s sports forever,” she added.
After the competition, Pepper-Jackson took first place in the shot put competition with her 10-meter effort, one meter ahead of second place, and she placed second in the discus throw.
Despite being legally allowed to compete, the five athletes protested Pepper-Jackson’s participation by refusing to play against her.
Gaines previously tweeted a video of the protest, saying, “It’s a sad day when 13-14 year old girls have to be the adults in the room, but I couldn’t be more inspired and proud of these girls.”
Pepper-Jackson won her years-long battle to compete in the sport after West Virginia Governor Jim Justice banned transgender athletes from competing in middle school, high school and college in May 2021.
Women’s rights activist and former college swimmer Riley Gaines, who has supported female athletes who have refused to compete against transgender athletes, disagrees with the athletics ban against the five athletes
Despite being legally allowed to compete, some athletes protested Pepper-Jackson’s participation by refusing to play against her. Pictured: Lincoln Middle School girls came to the circle out of turn and then refused to throw the ball
Pepper-Jackson won her years-long battle to compete in the sport since West Virginia Governor Jim Justice banned transgender athletes from playing in May 2021
On April 16, the 4th U.S. Circuit Court of Appeals ruled that the ban cannot be applied to the 13-year-old.
The court previously blocked the state’s attempt to kick the teen from her high school cross country and track teams in February 2023.
The decision does not overturn the ban, as it only applies to Pepper-Jackson’s case — but the law could fall into limbo if other transgender student-athletes choose to challenge it.
The court noted that Pepper-Jackson had lived as a girl for more than five years. She began identifying as a woman in third grade and has competed exclusively on girls’ sports teams.
In addition to taking puberty blockers and estrogen hormone therapy, Pepper-Jackson legally changed her name and the state of West Virginia issued her a birth certificate listing her as female.
Offering the teenager a “choice” between not playing sports or only participating in boys’ teams “is not a real choice at all,” judge Toby Heytens wrote in the ruling.
“Defendants cannot expect that BPJ will thwart her social transition, her medical treatment, and all the work she has done with her schools, teachers, and coaches for nearly half her life by introducing herself to teammates, coaches, and even opponents like a boy,” Heytens wrote.
In a statement, ACLU West Virginia attorney Josh Block called the ruling a “huge victory.”
Morrisey felt differently, saying he was “deeply disappointed” and vowing to keep fighting to secure Title IX.
“The law was passed more than fifty years ago and was intended to address sex discrimination in education by ensuring that women had equal opportunities to participate in federally funded programs.”
“We must continue to work to protect women’s sports so that women are kept safe and girls have a truly level playing field,” Morrisey said Tuesday. “We know the law is correct and will use every tool available to defend it.”
In its ruling, the appeals court reaffirmed that government officials had the authority to establish separate sports teams for boys and girls and enforce the boundary between them.
An appeals court has ruled that West Virginia’s transgender sports ban violates the 13-year-old athlete’s rights under Title IX (Photo: A protest at the state capitol in Charleston in 2023)
Pepper-Jackson has been living as a girl for more than five years. She began identifying as a woman in third grade and has competed exclusively on girls’ sports teams
Pepper-Jackson told NBC News in October that she would not give up her fight to compete in girls’ sports
“We also do not believe that Title IX requires schools to allow any transgender girl to play on girls’ teams, regardless of whether they have gone through puberty and experienced elevated circulating testosterone levels,” the court stated.
“We merely believe that the district court erred in granting these defendants’ motions for summary judgment in this specific case and in failing to grant BPJ summary judgment on its specific Title IX claim.”
In a dissent, Judge G. Steven Agee wrote that the state can segregate teams based on gender assigned at birth “without running afoul of the Equal Protection Clause or Title IX.”
West Virginia is one of 24 states that ban transgender women and girls from participating in sports consistent with their gender identity.
Pepper-Jackson told NBC News in October that she would not give up her fight to compete in girls’ sports.
“I want to keep going because this is something I love to do, and I’m not going to just give it up,” she said. “This is something I really love, and I’m not going to give up on anything.”
Her mother, Heather Pepper-Jackson, said, “She likes to do the best in everything, whether it’s algebra, running, shot put or discus.”
“She tries to excel in everything she does, just like any other kid… if she doesn’t go into battle, who will?”