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The American Civil Liberties Union and its West Virginia chapter filed the lawsuit on behalf of an 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. Trans kids deserve better. Bills over school sports participation bans also have been enacted this year in Alabama, Arkansas, Mississippi, Tennessee and Montana. South Dakota Gov.

Kristi Noem implemented the move by executive order. Other states, including Kansas and North Dakota, passed bans only to have them vetoed by the governor.

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A study by the Williams Institute at the UCLA law school used state-level, population-based surveys to estimate that West Virginia had the highest percentage 1. That equated to about 1, teens.

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. The state Department of Education declined comment on the lawsuit.

The Harrison County superintendent did not immediately respond to an seeking comment. The bill had narrowly passed the state Senate, which had added the college component, before being overwhelmingly approved in the House of Delegates.

Several Democrats said the bill was discriminatory, while some Republicans said the bill was about ensuring an equal playing field for biologically female athletes. Supporters have argued that transgender athletes would have physical advantages in female sports. Republican Gov.

Jim Justice ed the bill despite warnings from some lawmakers that the NCAA could retaliate and decide not to hold college tournaments in the state. In March, hundreds of college athletes ed a letter to the NCAA Board of Governors asking the organization to refuse to schedule championships in states that have banned transgender athlete participation in sports.

West virginia transgender athlete law challenged in court

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