Lawyers for a transgender middle school student challenging a new West Virginia law object to efforts by the defendants in the case to get out of it.
The lawyers for Becky Pepper-Jackson filed objections this month to a range of motions by authorities that could have to enforce the law. The defendants are arguing that they should be dismissed from the case or for its dismissal.
The Harrison County middle school student won a temporary injunction allowing her to participate on the girls cross country team this fall, but longer-term issues in the case continue on in U.S. District Court for the Southern District of West Virginia.
“Defendants go to great lengths to avoid responsibility for H.B. 3293, but their efforts to distance themselves from this discriminatory law does not preclude B.P.J.’s against them or provide B.P.J. sufficient protection from the law’s discriminatory effect,” wrote lawyers for the middle schooler.
“This court should deny Defendants’ motions, which will ensure that all official actors responsible for H.B. 3293 and its implementation are subject to injunction and judgment against it.”
In court filings this summer, the West Virginia Secondary School Activities Commission, the Harrison County Board of Education and the state Board of Education each separately asked to be dismissed from the lawsuit.
Generally, each argued that they didn’t initiate the law that is being challenged.
For example, the State Board of Education maintains not only that it didn’t push for the law but that it wouldn’t be the entity to enforce it either.
The Harrison County Board of Education also wants to be dismissed, saying it didn’t pass the law being challenged. Lawyers for the school board wrote that because of the judge’s earlier decision, the new law won’t be enforced against Becky Pepper-Jackson.
The Attorney General’s Office, which originally moved to intervene in the case on behalf of the state, was later added as a defendant. The Attorney General’s Office has filed a joint motion to be dismissed as a party from the case’s equal protection claim in cooperation with the plaintiffs attorneys.
This year, West Virginia joined dozens of states placing restrictions on transgender athletes’ participation on sports teams.
The new law defines male and female “based solely on the individual’s reproductive biology and genetics at birth.” It says “any student aggrieved by a violation of this section may bring an action” against a county board of education or college “alleged to be responsible for the alleged violation” — intended to allow lawsuits over anyone contending a transgender athlete was gaining advantage in sports.
Advocates for the bill said it would protect young female athletes from competing against stronger athletes who were born male.
Opponents said the bill is discriminatory, mean-spirited, a likely turnoff for business investment and a possible conflict with competition under the NCAA.
Lawyers for Becky Pepper-Jackson, who was born a boy, contend the West Virginia law violates her rights both under the Equal Protection Clause of the Constitution and under Title IX requirements.