DOJ: 2 states’ transgender restrictions unconstitutional

The West Virginia Secondary School Activities Commission, which oversees scholastic sports, said earlier this year that it had not received any complaints about transgender athletes on girls teams.

Several Democrats said the bill was discriminatory, but supporters have argued that transgender athletes would have physical advantages in female sports. Some Republicans said the bill was about protecting athletic opportunities for athletes who are identified as girls at birth.

Republican Gov. Jim Justice signed the bill despite warnings from some lawmakers that the NCAA could retaliate and decide not to hold college tournaments in the state. Justice had said that while it concerned him that the state could miss out on a sporting event, he believed the benefits of the law “way outweigh the bad part of it.”

In the transgender bathroom case, the West Virginia Supreme Court reinstated some negligence claims and sent the lawsuit back to a lower court for further proceedings. A circuit judge had dismissed the lawsuit, saying the Harrison County school board was immune from liability for the actions of an assistant principal.

The lawsuit filed on behalf of student Michael Critchfield accused the board of failing to create a safe school environment. The ACLU had said Liberty High School Assistant Principal Lee Livengood followed Critchfield into the boys bathroom in November 2018 at the school and said, “You freak me out.” Critchfield said he also was ordered to prove his gender by using a urinal. He was 15 at the time.