The Fourth Circuit Court said that the lower court, which had upheld the West Virginia law in a January ruling, erred by ruling to allow the law to go into effect.
The law, signed by West Virginia Gov. Jim Justice in April 2021, declares that “athletic teams or sports designated for females, women, or girls shall not be open to students of the male sex” because “there are inherent differences between biological males and biological females.”
The law states that allowing biological males in competitive female sports would “displace” female athletes from those spaces.
The circuit court’s Tuesday ruling said that Pepper-Jackson has demonstrated that if implemented the law “would treat her worse than people to whom she is similarly situated, deprive her of any meaningful athletic opportunities, and do so on the basis of sex.”
Based on this, the panel ruled that the case be “remanded with instructions to enter summary judgment for B.P.J. on her Title IX claims and for further proceedings (including remedial proceedings) consistent with this opinion.”
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