February 22, 2023

CHARLESTON, W.Va. – The United States Court of Appeals for the Fourth Circuit has granted a request to stay a lower court’s decision in a case challenging West Virginia’s cruel and discriminatory ban on young transgender athletes.

The stay will allow client Becky Pepper-Jackson to try out for her school’s spring track and field team on Feb. 27.

“We are thrilled that Becky will get to continue to participate in school sports with her classmates, at least for now,” ACLU-WV Managing Attorney Aubrey Sparks said. “Becky has said all along she just wants to do the thing she loves with her friends and that she’s taking this stand for other young people like her.” 

"This ruling tells Becky that she, like all transgender people, deserves respect and the opportunity to play sports, have fun with her friends, and just be a kid," said Lambda Legal Staff Attorney for Youth Sruti Swaminathan. 

The case was brought by the American Civil Liberties Union, ACLU-WV, Lambda Legal and the Cooley law firm. The order and other related filings are available below.