CHARLESTON — Multiple groups have teamed up to file a lawsuit against West Virginia after the state put in place a ban on transgender student-athletes from playing girls’ and women’s sports.

Lambda Legal, the state and national chapters of the American Civil Liberties Union, and law firm Cooley LLP announced the filing of the lawsuit Wednesday in the U.S. District Court for the Southern District of West Virginia.

The suit was brought on behalf of Heather Jackson and her daughter Becky Pepper-Jackson, an 11-year-old youth football cheerleader who planned to try out for her middle school’s girls’ cross-country team. Pepper-Jackson said the lawsuit was important to make sure all girls — cisgender or transgender — have an opportunity to play sports.

“I just want to run, I come from a family of runners,” Pepper-Jackson said. “I know how hurtful a law like this is to all kids like me who just want to play sports with their classmates, and I’m doing this for them. Trans kids deserve better.”

Gov. Jim Justice signed House Bill 3293 last month, relating to single-sex participation in interscholastic athletic events. The bill passed the West Virginia Legislature the day before the end of the 2021 legislative session.

“We told lawmakers around the country that we would see them in court if they passed legislation attacking trans youth, and today we are making good on that promise,” said Joshua Block, senior staff attorney for the ACLU. “Transgender youth in West Virginia who want to be on a team and challenge themselves should have the opportunity to do so, just like any other student.”

HB 3293 requires student-athletes in middle school, high school or college to participate in sports that match their biological sex based on the student’s sex at the time of their birth. The bill would apply to sports regulated by the NCAA and other college interscholastic organizations.

The bill requires the state Board of Education, the West Virginia Schools Secondary Activities Commission and the Higher Education Policy Commission/West Virginia Council for Community and Technical College Education to create rules to implement HB 3293.

“As we’ve said since HB 3293 was introduced, this legislation is not only cruel and stigmatizing – it’s unconstitutional,” said Loree Stark, legal director for the ACLU-WV.

According to the Human Rights Campaign, there have been 66 bills introduced across the nation proposing similar bans on transgender student-athletes, with successful bills being signed into law in Alabama. A similar law in Idaho was blocked by a federal judge.

The bill would apply to sports regulated by the NCAA, the National Association of Intercollegiate Athletics or the National Junior College Athletic Association. The NCAA Board of Governors released a statement last month in support of transgender student-athletes, declaring that the board would reconsider scheduling tournaments in states that curtail the ability of transgender student-athletes to participate in sports.