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11-year-old transgender girl sues West Virginia for banning her from cross-country

West Virginia accused of violating federal discrimination laws and of believing in ‘false scientific claims’ with ban for transgender girls on sports teams

Gino Spocchia
Tuesday 08 June 2021 13:59 BST
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Becky Pepper-Jackson
Becky Pepper-Jackson (ACLU)
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An 11-year-old is suing West Virginia after she was banned from joining a school sports team because of an anti-transgender law.

Becky Pepper-Jackson argued in court on 26 May that she was banned from joining a girls’ cross country team because of H.B. 3293.

The bill was “proudly” signed into law by West Virginia governor Jim Justice in April, amid anger from colleges and LGBT+ rights campaigners for banning transgender girls from taking part in girls sports.

Following its introduction, Bridgeport Middle School told Becky on 18 May that taking part in girls cross country would also be “confusing” for coaches.

Becky told a court on 24 May that the ban was “horrible and makes me feel angry and sad”.

“It hurts to know that I will not be able to have a chance to run on the girls’ team like my friends can because I am a transgender girl,” she told the court. “I do not want to run with the boys and I should not have to run with the boys.”

Becky went on to say that “running with the girls means a lot to me because I am a girl, and I should be treated like a girl”.

The 11-year-old has been taking puberty-blocking medication for a year and was first aware she was a girl at the age of four, according to the court documents.

With the assistance of the American Civil Liberties Union (ACLU), Becky and her family accuse West Virginia of violating both the US Constitution and a federal law banning discrimination on the basis of sex, known as Title IX.

According to LGBTQ Nation, the Supreme Court has so far supported LGBT+ individuals in cases of discrimination, citing Title IX – including in the case of Bostock v. Clayton Co.

Becky and the ACLU also allege that West Virginia’s anti-transgender bill is based on “unfounded stereotypes, false scientific claims, and baseless fear and misunderstanding of girls who are transgender”.

It follows the introduction of similar laws in Republican states including Tennessee and Florida, with 75 anti-transgender laws signed-off so far in 2021, according to the ACLU.

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