SCOTUS Weighs Trans Athlete Ban Affecting 1 Girl

The US Supreme Court is about to weigh in on a West Virginia sports law that, for now, affects exactly one high school athlete—but could help decide the rules for transgender competitors nationwide. On Tuesday, the justices will hear the case of 15-year-old Becky Pepper-Jackson, a transgender girl who throws shot put and discus for her high school and is the only known athlete covered by West Virginia's 2021 ban on transgender girls playing on girls' teams, the New York Times reports.

Pepper-Jackson, who has identified as a girl since the third grade, tells the Times she was devastated when the law took effect. She was 11 years old at the time. "I want to be able to play on the team with my friends, and that's all I've wanted to do," she says. With help from the ACLU and Lambda Legal, she argues the law violates Title IX's protections against sex discrimination and the Constitution's equal protection guarantee. A federal appeals court sided with her in April, blocking the law as applied to her and finding it unlawfully singles out trans girls for different treatment.

West Virginia's attorney general defends the law as a straightforward way to preserve "fairness" in girls' sports, echoing arguments made by Idaho and other states with similar restrictions. Supporters say transgender girls and women retain physical advantages and displace female athletes, pointing to Pepper-Jackson's rapid rise from a back-of-the-pack middle school runner to a state-level thrower who, according to the state, finished ahead of nearly 400 other girls last season. She tells CNN that she turned to shot put and discus because she "sucked at running" and worked hard to earn her spot.

Supporters say she has not gone through male puberty due to puberty blockers, and that her progression reflects training, not unfair biology. The case arrives as the court also considers an Idaho law affecting college sports. Their eventual rulings could influence restrictions in 25 states and clarify whether "sex" in Title IX covers gender identity. Pepper-Jackson tells CNN she knows that in light of recent rulings from the conservative-majority court, her case is a long shot. "Someone has to do this because this is just a terrible thing," she says. "I know that I can handle it and it's never crossed my mind to stop, because I know I'm doing it for everybody."