Supreme Court decision allows biological male to run girls track in West Virginia

The Supreme Court on Thursday rejected an attempt by West Virginia’s attorney general and the conservative law firm Alliance for Defending Freedom to bar a biological male from participating in female sports.

As a result, the 2021 West Virginia Law – Save Women’s Sports Act – cannot be enforced, and Becky Pepper-Jackson, a teenage biological male who identifies as female, has permission to participate in the girls’ track team amid ongoing litigation.

In a brief order from the court, the justices in a 7-2 vote denied West Virginia Attorney General Patrick Morrisey’s request to vacate a 4th Circuit’s injunction. Justices Samuel Alito and Clarence Thomas dissented, saying they would have granted the application to vacate.