A federal court has ruled that 11-year-old Becky Pepper-Jackson must be allowed to try out for the girls’ cross-country and track teams at her school, blocking West Virginia from enforcing a law that bans transgender girls and women from participating in school sports. The ruling came in the lawsuit challenging the ban filed by Lambda Legal, the American Civil Liberties Union, ACLU of West Virginia, and Cooley LLP.

“I am excited to know that I will be able to try out for the girls’ cross-country team and follow in the running shoes of my family,” said Becky Pepper-Jackson, the plaintiff in the lawsuit. “It hurt that the State of West Virginia would try to block me from pursuing my dreams. I just want to play.”

Becky — her two older brothers and both her parents — are avid runners, according to the ACLU website. When Becky’s school system announced it would reopen sports following the COVID-19 pandemic, she was excited to try out for the cross-country team. But during the 2021 session, the West Virginia Legislature passed HB 3293, which bans trans girls from participating in sports. Becky and her mom, Heather, wrote and called Gov. Jim Justice’s office asking for a veto, but Justice signed it into law despite tens of thousands of similar phone calls, emails, and letters.

Becky never had to “come out” to her family. As early as age four, long before she — or her parents for that matter — understood what the word “transgender” meant, Becky knew she was a girl. Heather educated herself about trans identities and has always accepted Becky as she is.

The ACLU

West Virginia Governor Jim Justice signed HB3293 into law at the end of April. It was one of hundreds of anti-LGBTQ bills pushed in state legislatures across the country in 2021. During legislative debate, it was not endorsed by any mainstream sporting or health organizations. A similar law in Idaho was blocked by a federal court in 2020, and a federal court in Connecticut recently dismissed a challenge to policies that allow all girls, including girls who are transgender, to participate on girls’ sports teams. Legal challenges are underway against similar laws passed in other states.

The Supreme Court recently refused to undo Gavin Grimm’s victory at the U.S. Court of Appeals for the Fourth Circuit, where he prevailed in challenging his school’s anti-transgender discrimination against him. This decision — which is binding precedent in West Virginia federal court — said that federal law protects transgender students from discrimination in schools.

“Becky — like all students — should have the opportunity to try out for a sports team and play with her peers,” said Josh Block, senior staff attorney with the ACLU LGBTQ & HIV Project. “We hope this also sends a message to other states to stop demonizing trans kids to score political points and to let these kids live their lives in peace.” 

“We’ve said all along this cruel legislation would not survive a legal challenge, and we’re encouraged by the court’s decision today,” ACLU-WV Legal Director Loree Stark said. “We hope trans kids throughout West Virginia who felt attacked and wronged by the passage of this legislation are feeling empowered by today’s news.”

“We are extremely gratified — for Becky, and for all trans youth — at the court’s recognition that the law and the facts clearly support treating people who are transgender fairly and equally.  Discrimination has no place in schools or anywhere else,” said Kathleen Hartnett of Cooley LLP.

Read the ruling here.

Photo by Sara Dubler on Unsplash

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LGBTQ+ Healthcare Issues

The Dobbs decision, otherwise known as the court case that overturned Roe v. Wade, has resulted in confusing medical situations for many patients. On top of affecting access to abortions for straight, cisgender women, it presents heightened risks for LGBTQ+ healthcare as a whole. Flipping the switch on reproductive rights and privacy rights is a far-reaching act that makes quality care harder to find for an already underserved community.

As the fight against the Dobbs decision continues, it’s important to shed light on the full breadth of its impact. We’ll discuss specific ways that the decision can affect LGBTQ+ healthcare and offer strategies for overcoming these challenges.

How the Right to Bodily Privacy Affects LGBTQ+ Healthcare

When the original Roe v. Wade decision was made, the bodily privacy of people across the United States was protected. Now that bodily autonomy is no longer guaranteed, the LGBTQ+ community must brace itself for a potential loss of healthcare rights beyond abortions. This includes services like feminizing and masculinizing hormone therapy (particularly for transgender youth) that conservative lawmakers have been fighting against this year, as well as transition-related procedures. Without privacy, gender-affirming care may be difficult to access without documentation of sex as “proof” of gender.

As essential services for the LGBTQ+ community become more difficult to access, perhaps the most immediate effect we’ll see is eroding trust between healthcare providers and LGBTQ+ patients. When providers aren’t working in the best interest of patients — just like in cases of children and rape victims denied abortions — patients may further avoid preventative care in a community that already faces discrimination in doctor’s offices.

The Dobbs Decision Isn’t Just a Women’s Issue

While the Dobbs decision is often framed as a women's issue — specifically, one that affects cisgender women — it impacts the transgender and non-binary community just as much. All people who are capable of carrying a pregnancy to term have lost at least some ability to choose whether or not to give birth in the U.S.

For transgender and non-binary individuals, this decision comes with the added complexity of body dysmorphia. Without abortion rights, pregnant trans men and some non-binary people may be forced to see their bodies change, and be treated as women by healthcare providers and society as a result.

The Dobbs decision also opens up the possibility for government bodies to determine when life begins — and perhaps even to add legal protections for zygotes and embryos. This puts contraceptives at risk, which could make it more difficult to access gender-affirming care while getting the right contraceptives based on sex for LGBTQ+ individuals.

Overturning Reproductive Rights Puts IVF at Risk

Queer couples that dream of having their own children often have limited options beyond adoption. One such option is in vitro fertilization, or IVF, which involves implanting a fertilized egg into a uterus.

While IVF isn’t directly affected by the Dobbs decision, it could fall into a legal gray area depending on when states determine that life begins. Texas, for example, is already barring abortions as early as six weeks. To reduce embryo destruction, which often occurs when patients no longer want more children, limits could be placed on the number of eggs that can be frozen at once.

Any restrictions on IVF will also affect the availability of surrogacy as an option for building a family.

How Can LGBTQ+ Individuals Overcome Healthcare Barriers?

While the Dobbs decision may primarily impact abortion rights today, its potential to worsen LGBTQ+ healthcare as a whole is jarring. So how can the community be prepared?

If you’re struggling to find LGBTQ+-friendly providers near you, using telemedicine now can be an incredibly effective way to start developing strong relationships with far-away healthcare professionals. Telemedicine eliminates the barrier of geography and can be especially helpful for accessing inclusive primary care and therapy. Be sure to check if your insurance provider covers telemedicine.

If you’re seriously concerned about healthcare access in your area — especially if the Dobbs decision affects your whole state or you need regular in-person services that may be at risk — it may be time to consider moving now. While not everyone has the privilege to do so, relocating gives you the ability to settle in areas where lawmakers better serve your needs. However, this decision shouldn’t be taken lightly, so preparing and making progress on a moving checklist now can help you avoid issues later.

The Dobbs Decision Isn’t LGBTQ+-Friendly

The Supreme Court of the United States has proven the power of its conservative majority with the overturning of Roe v. Wade. However, the effects of the Dobbs decision don’t stop at affecting cisgender women’s abortion rights. In states with bans, it also leads to forced birth for trans men and non-binary individuals. Plus, the Dobbs decision increases the risk of other rights, like hormone therapy and IVF, being taken away.

Taking steps now, whether it’s choosing a virtual provider or considering a move, can help you improve your healthcare situation in the future.