Supreme Court allows 12-year-old transgender girl to run girls' track in West Virginia

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The Supreme Court ruled on Thursday that a 12-year-old transgender West Virginia girl can compete on her middle school’s girls' sports teams amid a lawsuit over a ban.

Lawyers and representatives for Becky Pepper-Jackson had initially asked the Supreme Court to reject an emergency application from West Virginia lawmakers that would have allowed student-athletes to only play sports with and against those of their biological gender.

Supreme Court justices refused to disturb an appeals court order that made it possible for the girl to continue playing on her school’s track and cross-country teams. Justices Samuel Alito and Clarence Thomas dissented from the decision.

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The Supreme Court building on Capitol Hill, March 27, 2023, in Washington. (AP Photo/Mariam Zuhaib)

"I would grant the State’s application. Among other things, enforcement of the law at issue should not be forbidden by the federal courts without any explanation," Alito wrote in dissent.

"This is a procedural setback, but we remain confident that when this case is ultimately determined on the merits, we will prevail," West Virginia Attorney General Patrick Morrisey said in a statement. "We maintain our stance that this is a common sense law – we have a very strong case. It’s just basic fairness and common sense to not have biological males play in women’s sports."

The American Civil Liberties Union, the ACLU of West Virginia and Lambda Legal celebrated the decision in a joint statement.

"We are grateful that the Supreme Court today acknowledged that there was no emergency and that Becky should be allowed to continue to