West Virginia's ban on transgender athletes competing in female school sports is constitutional and can remain in place, a federal judge ruled Thursday.
"I recognize that being transgender is natural and is not a choice," U.S. District Court Judge Joseph Goodwin wrote in his decision. "But one's sex is also natural, and it dictates physical characteristics that are relevant to athletics."
The plaintiff's lawsuit did not challenge whether schools should be allowed to have separate sports teams for males and females, and Goodwin was tasked with determining whether the Legislature's definition of the terms "girl" and "woman" is constitutionally permissible. The Save Women's Sports Bill signed by Republican Gov. Jim Justice says they mean anyone assigned the female gender at birth.
Goodwin noted that at the time the measure was passed, there were no widespread reports of transgender girls participating in sports. It was apparent, he said, "that the statute is at best a solution to a potential, but not yet realized `problem."'
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