A transgender athlete from West Virginia won her shot put competition in her first sporting event following an appeals court ruling that allowed her to participate after other contestants refused to play against her.
Becky Pepper-Jackson, 13, competed in the Harris County Middle School Track and Field Championships on Thursday, two days after a court ruled that West Virginia’s ban on transgender sports violates teenagers’ right under Title IX.
Pepper-Jackson took home first place in the shot put competition with her effort of 32 feet, three feet longer than second place, and placed second in the discus.
Although they were legally allowed to compete, some athletes protested Pepper-Jackson’s participation by refusing to play against her.
Five girls from Lincoln High School approached the circle to take their turn and then refused to throw the ball.
Becky Pepper-Jackson (pictured), 13, won her shot put competition in her first sporting event after an appeals court ruling allowed her to take part.
Although they were legally allowed to compete, some athletes protested Pepper-Jackson’s participation by refusing to play against her. Pictured: Five Lincoln High School girls approached the circle to take her turn and then refused to throw the ball.
Scores recorded from the event on Athletic.net show that athletes received a rating of “no distance.”
Riley Gaines tweeted a video of the protest and said, “It’s a sad day when 13-14 year old girls have to be the adults in the room, but I couldn’t be more inspired and proud of these girls.”
Pepper-Jackson won her years-long fight to compete in sports since West Virginia Gov. Jim Justice banned transgender athletes from competing in middle school, high school and college in May 2021.
On Tuesday, the U.S. Court of Appeals for the Fourth Circuit ruled that the ban cannot apply to 13-year-olds.
The court previously blocked the state’s attempt to expel the teenager from her high school’s track and cross-country teams in February 2023.
Tuesday’s decision does not overturn the ban, as it applies only to Pepper-Jackson’s case, but the law could be left in limbo if other transgender student-athletes decide to challenge it.
The court noted that Pepper-Jackson has lived as a child for more than five years. She began identifying as female in third grade and has participated strictly on women’s sports teams.
In addition to taking puberty blockers and estrogen hormone therapy, the student legally changed her name and was issued a birth certificate by the state of West Virginia listing her as female.
Pepper-Jackson won her years-long fight to compete in sports since West Virginia Gov. Jim Justice banned transgender athletes from playing in May 2021.
In addition to taking puberty blockers and estrogen hormone therapy, Pepper-Jackson has legally changed her name and has a birth certificate listing her as female.
The court noted that Pepper-Jackson has lived as a girl for more than five years and began identifying as female in the third grade.
Offering the teenager a “choice” between not participating in sports and participating only on boys’ teams “is not a real choice at all,” Judge Toby Heytens wrote in the ruling.
‘The defendants cannot expect BPJ to undo his social transition, his medical treatment and all the work he has done with his schools, teachers and coaches for almost half his life, introducing himself to his teammates, coaches and even opponents like a boy,” Heytens wrote.
In a statement, ACLU of West Virginia attorney Josh Block called the ruling a “tremendous victory.”
Following the decision, West Virginia Attorney General Patrick Morrisey said he was “deeply disappointed” and vowed to continue fighting to safeguard Title IX.
“The law was passed more than five decades ago and was intended to address sex discrimination in education by ensuring that women had equal opportunities to participate in federally funded programs.”
“We must continue to work to protect women’s sports so that women’s safety is ensured and girls have a truly fair playing field,” Morrisey said Tuesday. “We know the law is correct and we will use every tool available to defend it.”
In the ruling, the appeals court reaffirmed that government officials had the authority to establish separate sports teams for boys and girls and enforce the line between them.
“We also do not hold that Title IX requires schools to allow all transgender girls to play on girls’ teams, regardless of whether they have gone through puberty and experienced elevated levels of circulating testosterone,” the court proclaimed.
‘We only hold that the district court erred in granting these defendants’ motions for summary judgment in this particular case and in failing to grant summary judgment to BPJ on its specific Title IX claim.’
In a dissenting opinion, Justice G. Steven Agee wrote that the state can separate teams by gender assigned at birth “without conflicting with either the Equal Protection Clause or Title IX.”
Offering the teenager a “choice” between not participating in sports and participating only on boys’ teams “is no real choice,” Judge Toby Heytens wrote in the ruling.
Pepper-Jackson told NBC News in October that she would not give up her fight to compete in women’s sports.
West Virginia is among 24 states that ban transgender women and girls from competing in sports consistent with their gender identity.
Pepper-Jackson told NBC News in October that she would not give up her fight to compete in women’s sports.
“I want to keep going because this is something I love doing and I’m not going to give it up,” he said. “This is something I really love and I’m not going to give up on anything.”
His mother, Heather Pepper-Jackson, said, “He likes to do his best at everything, whether it’s algebra, running, shot put or discus.”
“She tries to excel in everything she does, just like any other kid…if she didn’t start the fight, who will?”