CHARLESTON – Nearly two years after it passed the West Virginia Legislature, a federal judge lifted an injunction blocking enforcement of the state’s prohibition on transgender student athletes.

In an order issued Thursday, U.S. District Court Judge Joseph Goodwin granted a motion for summary judgment in favor of the state Board of Education, Harrison County Board of Education, and Lainey Armistead, a student-athlete at West Virginia State University.

Becky Pepper-Jackson, a transgender girl at Bridgeport Middle School, filed a lawsuit in May 2021 against the Harrison County Board of Education, the West Virginia Board of Education and State Superintendent of Schools, and the West Virginia Secondary School Activities Commission seeking to halt enforcement of House Bill 3293, relating to single-sex participation in interscholastic athletic events.

Pepper-Jackson wished to join her middle school’s girls’ cross-country team. She alleged that HB 3293 violated her federal Title IX rights, prohibiting the exclusion of students from education programs on the basis of sex. In his ruling, Goodwin said HB 3293 and its definition of “girl” and “woman” does not violate Title IX.

“The question before the court is whether the legislature’s chosen definition of ‘girl’ and ‘woman’ in this context is constitutionally permissible. I find that it is,” Goodwin wrote. “I have no doubt that H.B. 3293 aimed to politicize participation in school athletics for transgender students. Nevertheless, there is not a sufficient record of legislative animus.”

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 applies to sports regulated by the NCAA and other college interscholastic organizations, and requires the state Board of Education, the commission and state college regulators to create rules for the implementation of the law.

“This is not only about simple biology, but fairness for women’s sports, plain and simple,” Attorney General Morrisey said in a statement Thursday. “Opportunities for girls and women on the field are precious and we must safeguard that future. Protecting these opportunities is important, because when biological males compete in a women’s event women and girls lose their opportunity to shine.”

Armistead, a member of the WVSU women’s soccer team, filed a motion to intervene in favor of HB 3293. Armistead said she was concerned about biological men transitioning to women and playing against biological women, creating a “fairness and safety” issue.