Blog

Your Education Road Map

Politics K-12

Politics K-12 kept watch on education policy and politics in the nation’s capital and in the states. This blog is no longer being updated, but you can continue to explore these issues on edweek.org by visiting our related topic pages: Federal, States.

Law & Courts

Let Transgender Student Play on Girls’ Team, Feds Say, Supporting Her Suit Over a State Law

By Evie Blad — June 17, 2021 3 min read
Advocates for transgender people march from the South Dakota governor's mansion to the Capitol in Pierre, S.D., on March 11, 2021, to protest a proposed ban on transgender girls and women from female sports leagues.
  • Save to favorites
  • Print

A West Virginia law that prohibits transgender girls from playing on girls sports teams violates Title IX and the equal protection clause of the U.S. Constitution, the U.S. Department of Justice said Thursday.

The Justice Department sided with an 11-year-old girl who has sued over her state’s new law, one of a wave of at least seven similar measures passed by states around the country this year.

The arguments, outlined in a “statement of interest filing,” are one of the most direct challenges the Biden administration has made to state-level restrictions for transgender students to date.

“To be sure, there remain significant barriers to providing full equity in athletics for female students,” the Justice Department said in its filing. “But permitting participation by transgender girls, who make up ‘approximately one half of one percent’ of the United States’ population, is not one of them.”

The brief, which argues that the West Virginia law is based on “misinformation and fear,” is in line with the administration’s stated position on the issue. It comes a day after the U.S. Department of Education released a memo clarifying its position that the sex-discrimination protections in Title IX prohibit discrimination on the basis of sexual orientation and gender identity.

The plaintiff in the case, Becky Pepper-Jackson, was assigned male at birth but identified as a girl by 3rd grade. Becky, who is 11 and started taking puberty-delaying treatments last year, has been on a school cheerleading team in Harrison County, W. Va., and she hopes to compete on the girl’s cross-country team in middle school, her suit says.

But she won’t be allowed to under the state’s new law, H.B. 3293. Because she can’t play on a team that aligns with her gender, she will be effectively shut out of participating in team sports throughout her K-12 experience, the Justice Department argued.

“B.P.J. does not seek to join the boys’ cross-country and track teams because she is a girl and such participation would ‘devastate’ B.P.J., ‘completely erase who she is,’ and undermine her social transition,” the legal filing argues.

The agency’s legal arguments rest in part on the U.S. Supreme Court’s 2020 decision in Bostock v. Clayton County, Ga., which held that a prohibition of sex discrimination in Title VII, the federal employment law, prohibits unequal treatment on the basis of sexual orientation or gender identity. The Biden administration, and several preliminary court filings in other cases, have held that that precedent should inform interpretations of Title IX, which prohibits sex discrimination in education.

“The Supreme Court has recently clarified that discrimination against a person for being transgender is discrimination based on sex,” the filing says, citing Bostock.

In addition, the West Virginia law will affect girls unfairly, because it says “athletic teams or sports designated for females, women, or girls shall not be open to students of the male sex.” The law defines male sex as “sex assigned at birth,” effectively banning transgender girls from girls’ sports, but it has no corresponding restrictions for transgender boys.

The law’s restrictions may also affect cisgender girls, the Justice Department argued, because girls who don’t present as “stereotypically feminine” may be subject to challenges of the eligibility or gender.

The federal brief also questioned the motivations of the West Virginia bill’s sponsors, flagging instances of “outright anti-transgender bias.”

For example, Delegate Margitta Mazzoch, who co-sponsored the measure, said that she did not “want all this mixing and matching” of transgender and cisgender children in “locker rooms,” the filing says.

Supporters of similar state bills around the country have said they are necessary to ensure fairness in girls’ sports. And some have questioned the legitimacy of transgender identity.

An attorney Alliance Defending Freedom, a conservative legal group that has argued against transgender-inclusive policies, has slammed the Biden administration’s position as “forcing radical gender identity ideology on everyday Americans by effectively rewriting Title IX.”

The administration has not yet released guidance on how schools should accommodate LGBTQ students or directly challenged one of the new state laws in court.

In addition to the West Virginia filing, the Justice Department also filed a statement of interest Thursday in a legal challenge over an Arkansas law that prohibits gender-affirming care for transgender youth.

A version of this news article first appeared in the Politics K-12 blog.

Events

English Learners K-12 Essentials Forum Rethinking Instruction for English Learners
Join this free event to explore teacher preparedness, family communication, and strategies to ensure equity and opportunity for students.
This content is provided by our sponsor. It is not written by and does not necessarily reflect the views of Education Week's editorial staff.
Sponsor
Artificial Intelligence Webinar
From Passive to Active Reading: Student Engagement in the Age of AI
What the research tells us about active reading and student engagement—and what it means for teaching in an AI-enabled world.
Content provided by Pearson
This content is provided by our sponsor. It is not written by and does not necessarily reflect the views of Education Week's editorial staff.
Sponsor
Professional Development Webinar
Micro-Learning, Macro Results: Reimagining Professional Learning
Rethink professional learning with 3 strategies that personalize professional learning, validate expertise, and support educator retention.
Content provided by Mira Education & Modiv EDU

EdWeek Top School Jobs

Teacher Jobs
Search over ten thousand teaching jobs nationwide — elementary, middle, high school and more.
View Jobs
Principal Jobs
Find hundreds of jobs for principals, assistant principals, and other school leadership roles.
View Jobs
Administrator Jobs
Over a thousand district-level jobs: superintendents, directors, more.
View Jobs
Support Staff Jobs
Search thousands of jobs, from paraprofessionals to counselors and more.
View Jobs

Read Next

Law & Courts Trump Admin. Turns to Student Privacy Laws in Gender Identity Fights With Schools
The feds are increasingly citing student privacy laws in gender-identity battles with school districts.
8 min read
WASHINGTON, DC - AUGUST 17: The U.S. Department of Justice Building on August 17, 2026 in Washington, DC.
The U.S. Department of Justice Building on Aug. 17, 2026 in Washington. The Justice Department has teamed up with the U.S. Department of Education to fight school and state policies concerning transgender students it deems objectionable.
Anna Moneymaker/Getty Images
Law & Courts These Parents Want to Opt Their Kids Out of Ed Tech. Can They Win in Court?
Parents in a Pennsylvania district say ed tech distracts from more meaningful learning.
10 min read
Yair Lev stands by as a screen displaying an itinerary for a Lower Merion Board of School Directors meeting at the Lower Merion School District Administration Building on May 11, 2026, in Ardmore, Pa.
Yair Lev stands by as a screen displaying a document for a school district board of directors meeting at the Lower Merion school district administration building on May 11, 2026, in Ardmore, Pa. Lev is among a group of parents who have sued the Philadelphia-area school district seeking the ability to opt their children out of the required use of school technology.
Joe Lamberti/AP
Law & Courts Title IX Doesn't Require Transgender Athletes' Exclusion, Judge Rules
A federal judge dismissed a lawsuit from the Trump administration alleging California violated Title IX.
Kevin Rector, Los Angeles Times
•
4 min read
CLOVIS, CA MAY 30, 2026: Transgender athlete AB Hernandez, center, competed in three qualifying events at the CIF State Track Championship in Clovis, CA on May 30, 2026. Hernandez placed first in qualifying for the long jump on Friday. Hernandez competes in the finals on Saturday in the high jump, long jump and triple jump.
Transgender athlete AB Hernandez, center, competed in three qualifying events at the CIF State Track Championship in Clovis, Calif., on May 30, 2026. The Trump administration sued California over its policy allowing transgender girls to compete on girls' athletic teams. A judge has dismissed that lawsuit.
Tomas Ovalle / Los Angeles Times via Getty Images
Law & Courts Trump Admin. Says School District Facilitates 'Gender Transitions,' Files Suit
The lawsuit comes after several months of back and forth with the Kansas City, Kan., public schools.
Sofi Zeman, The Kansas City Star
•
2 min read
Acting Deputy Executive Associate Director at Homeland Security Investigations Matthew Millhollin holds a Department of Justice folder during a news conference to announce charges being brought against Chinese nationals involved in a marriage fraud scheme at the Department of Justice on Aug. 12, 2026 in Washington, D.C. The group have been accused of running a scheme where foreign nationals paid money to American citizens for fraudulent marriages in order to receive green cards then immediately filed for divorce once permanent residency in the U.S. had been established. (Photo by Samuel Corum/Sipa USA)
An official holds a Department of Justice folder during a news conference on Aug. 12, 2026 in Washington. The DOJ sued the Kansas City, Kan., public schools over guidelines addressing how school staff address students who request to go by pronouns that differ from their sex at birth.
Samuel Corum/Sipa USA via AP