West Virginia’s Save Women’s Sports Act struck down

(The Center Square) – The 4th Circuit Court of Appeals struck down West Virginia’s Save Women’s Sports Act on Tuesday in a 2-1 ruling that blocks the laws preventing those who are male at birth from competing on girls’ sports teams in the state.

The law was challenged in the case of a 13-year-old eighth-grade student identifying as a girl since the third grade and taking puberty blocking medication.

“Because West Virginia law and practice have long provided for sex-differentiated sports teams, the Act’s sole purpose – and its sole effect – is to prevent transgender girls from playing on girls teams,” Circuit Judge Toby Heytens wrote in the majority opinion.

Heytens wrote that West Virginia law has designated that schools can sponsor teams based on gender for the past 30 years and thus the new law targeted transgender athletes.

West Virginia Attorney General Patrick Morrisey vowed to contest the ruling.

“I will keep fighting to safeguard Title IX,” Morrisey said. “We must keep working to protect women’s sports so that women’s safety is secured and girls have a truly fair playing field. We know the law is correct and will use every available tool to defend it.”

Judge G. Steven Agee dissented from the appeals court decisions, writing that the “majority’s analysis was “miles away from the straightforward text of the laws [the Court was] called to apply.”

The ruling came after the appeals court heard arguments in the case in October.

Morrisey said he believes the West Virginia law should be allowed to be enforced.

“We remain confident in the merits of our defense,” Morrisey said. “We are resolute in protecting opportunities for women and girls in sports because when biological males win in a women’s event—as has happened time and again—female athletes lose their opportunity to shine.”