Gov. Patrick Morrisey (R-WV) urged local officials to keep separate scores for transgender athletes until they can be put in the sports matches of their biological sex by court order.
The participation of 13-year-old Becky Pepper-Jackson, a biological male who identifies as a woman, of Bridgeport Senior High School in a sports event triggered backlash from West Virginia’s highest official.
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“A boy is currently competing in girls’ sports at the high school state track meet in West Virginia,” Morrisey posted on Facebook. “It’s wrong and unfair. I’m again urging officials to keep separate scores so that the true winners can be awarded once we win in court.”
He pledged to never “stop fighting to protect girls’ sports.”
In April 2021, former West Virginia Gov. Jim Justice, who is now a senator, banned transgender student athletes from participating in school athletic teams not in line with their biological sex by signing HB 3293, one of 19 states to do so. The American Civil Liberties Union, the ACLU of West Virginia, and Lambda Legal filed a lawsuit challenging the law in May 2021 on behalf of Pepper-Jackson, a legal effort that bore fruit when the U.S. Court of Appeals for the 4th Circuit forbade the state from removing the athlete in a February 2023 decision.
Then-Attorney General Patrick Morrisey asked the Supreme Court for an emergency motion to override the circuit court’s decision in a March 9, 2023, filing, a request that was denied.
The Supreme Court has yet to make a definitive decision on the matter. Morrisey has resorted to other methods to try to keep transgender athletes out of sports activities not aligned with their biological sex, such as requesting local officials keep separate scores for transgender athletes.
“I believe what is going on right now in West Virginia — with boys playing sports against girls — to be abhorrent and contrary to law,” Morrisey wrote previously. “While we wait for the Supreme Court to issue their ruling in this case, I’m calling on all coaches involved to let these brave athletes take a stand for what is right without unfair punishment.”
“As we all work toward removing the wrongly-decided injunction in upcoming months, I ask for all tournament officials to keep a full set of results so that true winners of each event may be recognized when the Supreme Court rules in our favor,” he added.
With the Supreme Court uncertain on the topic, states have taken different approaches to the matter.
Maine and California are on the opposite end of the spectrum, clashing with the Trump administration over their commitment to continue admitting transgender student athletes.
Maine is embroiled in a legal battle with the Trump administration over the matter. The state has refused to ban transgender athletes from competing in sports not of their biological gender, a move the Department of Justice claims violates Title IX.
California has also continued to allow biological men in women’s sports despite Gov. Gavin Newsom (D-CA) previously saying on his podcast that the practice was “deeply unfair.” President Donald Trump is now threatening to cut off federal funding to the state.
“California, under the leadership of Radical Left Democrat Gavin Newscum, continues to ILLEGALLY allow ‘MEN TO PLAY IN WOMEN’S SPORTS,” Trump posted on Truth Social. “This week a transitioned Male athlete, at a major event, won ‘everything,’ and is now qualified to compete in the ‘State Finals’ next weekend. As a Male, he was a less than average competitor. As a Female, this transitioned person is practically unbeatable.”