Thursday, April 06, 2023

SCOTUS refuses to lift injunction against West Virginia law which bans 12-year-old trans child from playing sports


Here is what happened - the court refused to lift the injunction set by a judge against the ban while the case goes through the trial process. I think basically it comes down to that fact that seven justices decided not to be a heel against one 12-year-old trans girl (because that's all the case involves) who simply wants to play sports. Two guess on which two justices who had no problem wanting to play the heel.

From The Advocate

The U.S. Supreme Court has rejected a request from West Virginia that would have allowed the state to reinstate a law that prohibited transgender students from participating in sports teams that reflect their gender identity. As a result, an injunction is currently in place preventing the law from taking effect. Because of Thursday’s decision, West Virginia’s Save Women’s Sports Act enacted in 2021 cannot be enforced against Becky Pepper-Jackson, a 12-year-old transgender girl. The decision is a victory for the girl and her parents, who have been fighting to continue her cross-country and track training.

 As the legal challenges unfold, the continued injunction is also a victory for transgender rights advocates. Currently, many states nationwide are enacting similar sports bans. While two justices, Samuel Alito and Clarence Thomas, dissented from the ruling, the court didn’t explain its decision. State attorney general Patrick Morrisey requested an emergency hearing in March from the court to request the justices’ opinions on a hot-button issue that has gained traction recently as Republican-led states have sought to limit trans youth’s rights, especially when it comes to school sports. The law was signed by Republican Gov. Jim Justice in 2021. 

The law was temporarily blocked three months after a district court passed it after a transgender student-athlete sued. A district court has, however, recently ruled in favor of the state. An appeal by the athlete caused the 4th U.S. Circuit Court of Appeals to halt the law again. While the decision allows challenges to the law to proceed, the enforcement of the law remains on hold.

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