Lawsuit Filed Against West Virginia for Ban on Trans Students in School Sports

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The American Civil Liberties Union is filing a lawsuit against the state of West Virginia over its ban of trans students in school sports, the ACLU announced in a Twitter thread Wednesday

The ACLU is representing a middle school student named Becky Pepper-Jackson, who would like to try out for the girls' middle school track team but is banned from doing so after a bill was signed in April. 

The bill, signed by Republican Governor Jim Justice, bans transgender athletes from competing in girls' and women's sports in middle and high schools and colleges. Other states that have banned transgender students from competing in school sports are Alabama, Arkansas, Idaho, Mississippi, Montana and Tennessee.

In South Dakota, Governor Kristi Noem has implemented the law by executive order.

The ACLU filed the lawsuit in conjunction with its West Virginia chapter, Lamda Legal—a legal organization that fights for LBGTQ people—and the law firm Cooley LLP. 

This is the second lawsuit the ACLU has filed against states for anti-trans laws being passed this year and it plans on filling more, according to the Twitter thread.

The first lawsuit was filed against the state of Arkansas over its bans of health care for trans children. Specifically, the law bans gender-affirming treatment for transgender people under the age of 18. 

It also bans doctors from providing puberty blockers. 

"We won't stop fighting," the ACLU said in a tweet. "We'll see West Virginia — and other states that attack trans youth — in court."

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