U.S. government, A.G. Morrisey file documents related to preliminary injunction request in Harrison County trans athlete’s federal lawsuit


CLARKSBURG, W.Va. – Attorneys for the United States government and West Virginia Attorney General Patrick Morrisey have filed documents related to a preliminary injunction request in a Harrison County trans athlete’s federal lawsuit.

The lawsuit challenges a recent law in the state that prohibits transgender athletes from competing in female sports in middle and high schools and colleges. Becky Pepper-Jackson, a transgender child from Bridgeport, is at the center of the case, which seeks to allow the child to compete on the Bridgeport Middle School girl’s cross country team.

Federal attorneys, including ones in the United States Attorney’s Office, the United States Department of Education and the United States Department of Justice filed a statement of interest document, which argues that, in the view of the U.S. government, Title IX of the Education Amendments of 1972 and the Equal Protection Clause of the Fourteenth Amendment “do not permit West Virginia to categorically exclude transgender girls from participating in single-sex sports restricted to girls.”

In May, the plaintiff filed a motion for a preliminary injunction in the matter, which seeks to prohibit the enforcement of the provisions of House Bill 3293.

Morrisey filed a motion to intervene “to defend the constitutionality of the state statute challenged in this case.” Morrisey outlined the merits of the request in a supporting document.

Morrisey still needs to file a response to the plaintiff’s motion for a preliminary injunction, and the plaintiff will then have a chance to reply.

12 News will follow this story as it continues to develop.

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