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Fourth Circuit Court Blocks Trans Ban

By Charlotte Robinson, April 17, 2024

The Fourth Circuit Court has blocked West Virginia law HB 3293 that bans transgender students from playing on sports teams consistent with their gender identity. West Virginia middle school student Becky Pepper-Jackson first challenged the law preventing her from joining her school’s track team in 2021. In support the American Civil Liberties Union, Lambda Legal & the ACLU of West Virginia filed a lawsuit on behalf of Pepper-Jackson advocating for her legal right to participate in the sport. The Court found HB 3293 violates both Title IX & the U.S. Constitution. West Virginia is one of 25 states that have banned transgender students from participating on sports teams consistent with their gender identity. Melanie Willingham-Jaggers, GLSEN Executive Director stated, "By blocking HB 3293, the Fourth Circuit reaffirms that every student deserves the opportunity to fully participate in school sports. This decision makes clear what we have long cautioned: state efforts to target & silence transgender youth unlawfully violate students’ civil rights. We commend Becky Pepper-Jackson for her bravery in taking action to defend her rights & we stand in solidarity with all LGBTQ+ youth who deserve to compete & thrive in environments free from discrimination.” GLSEN is a multi-racial intergenerational LGBTQ organization working nationally & locally to transform K-12 educational systems in the United States. Each year GLSEN programs & resources reach millions of students & educators in K-12 schools via action at the national, state & local level. Since 1990 GLSEN has improved conditions for LGBTQ students across the United States & helped launch an international movement to address LGBTQ issues in education. However in 2024 we’re dealing with more than 470 anti-LGBTQ bills introduced in state legislatures nationwide mostly targeting our transgender youth. 

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