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West Virginia Asks Supreme Court To Reverse Block On Its Law Protecting Women’s Sports

Credit: Alliance Defending Freedom

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West Virginia is asking the Supreme Court to overturn an injunction against its Save Women’s Sports Act, which makes biological men ineligible to compete in women’s sports.

The Save Women’s Sports Act, or H.B. 3293, was challenged by the American Civil Liberties Union (ACLU) on behalf of an 11-year-old male student who identifies as female. A federal judge upheld the law in early January, but the ACLU appealed the decision to the 4th Circuit, which ruled 2-1 to grant an emergency injunction preventing the enforcement of the law while it considers the appeal.

Now, West Virginia and the Alliance Defending Freedom (ADF) are appealing the injunction to the Supreme Court. (RELATED: Majority Of Americans Believe Transgender AthletesVirginia Have Harmed Women’s Sports: POLL)

ADF Legal Counsel Rachel Csutoros told the Daily Caller News Foundation they are “hopeful” the Supreme Court will uphold the law.

“Women and young girls deserve to compete on a level playing field, and we are hopeful the U.S. Supreme Court will uphold the commonsense West Virginia law, which simply protects equal opportunities for young women and girls in sports,” Csutoros told the DCNF.

In September 2021, ADF intervened in the case on behalf of Lainey Armistead, a West Virginia State University Soccer Player.


West Virginia Attorney General Patrick Morrisey said that his state remains “confident in the merits of our defense.” 

“We are resolute in protecting opportunities for women and girls in sports because when biological males win in a women’s event—as has happened time and again—female athletes lose their opportunity to shine,” he said in a statement. “That’s why we’re taking this case to the Supreme Court.”

ADF is currently handling multiple cases defending female athletes who have been forced to compete against men. Nationwide, the push to protect women’s sports is growing stronger, with the most recent polling revealing that 60% of American voters believe it’s harmful to allow biological men to compete in women’s sports.

The ACLU did not immediately respond to a request for comment.

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