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Feds: West Virginia transgender athlete ban violates law

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FILE – In this March 12, 2020, file photo, West Virginia Gov. Jim Justice speaks during a press conference at the State Capitol in Charleston, W.Va. The U.S. Department of Justice has weighed in on a new West Virginia law that bans transgender athletes from competing in female sports, asserting in a court filing Thursday, June 17, 2021, that the ban violates federal law. 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.”




CHARLESTON, W.Va. (AP) — The U.S. Department of Justice has slammed a new West Virginia law that bans transgender athletes from competing in female sports, asserting in a court filing Thursday that the ban violates federal law.

The department filed what is known as a statement of interest in a lawsuit by the American Civil Liberties Union, its West Virginia chapter and LGBTQ interest group Lambda Legal challenging the ban. The DOJ said the law violates Title IX, which prohibits discrimination on the basis of sex in any education program or activity receiving federal funds, as well as the equal protection clause of the 14th Amendment.

“The United States has a significant interest in ensuring that all students, including students who are transgender, can participate in an educational environment free of unlawful discrimination and that the proper legal standards are applied to claims under Title IX and the Equal Protection Clause,” the filing said.

“A state law that limits or denies a particular class of people’s ability to participate in public, federally funded educational programs and activities solely because their gender identity does not match their sex assigned at birth violates both Title IX and the Equal Protection Clause,” the filing said. The state law “does exactly this,” the department said.

The lawsuit was filed last month in U.S. District Court for the southern district of West Virginia on behalf of an 11-year-old transgender girl who had hoped to compete in cross country in middle school in Harrison County. The lawsuit names the state and Harrison County boards of education and their superintendents as defendants.

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