A federal appeals court has overturned a West Virginia law that limits transgender athletes to playing only in categories that match their gender at birth, with the court claiming the law violates federal Title IX rules.
In Tuesday’s 2-1 ruling from the 4th U.S. Circuit Court of Appeals, two liberal judges outvoted the lone dissenter to invalidate the law banning transgender athletes born male from competing in school sports in categories for the gender with which they identify.
Writing for the majority, Judge Toby J. Heytens (appointed by Biden in 2021) maintained that for transgender athletes, “a ‘choice’ between not participating in sports and participating only on boys teams is no real choice at all.”
“The defendants cannot expect that [plaintiff trans student
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