West Virginia Attorney General Responds to Congressional Democrats on Trans Athlete Supreme Court Case

21 November 2025 Sports

CHARLESTON, W.Va. — West Virginia Attorney General John McCuskey issued a response following a letter from 130 congressional Democrats endorsing trans athlete Becky Pepper-Jackson in a Supreme Court case concerning eligibility in women’s sports. The case has drawn national attention as courts consider the balance between inclusion policies and competitive fairness.

The letter from the Democratic lawmakers expressed support for Pepper-Jackson, who identifies as female and competes in women’s track events. The group urged the Supreme Court to uphold protections for transgender athletes, emphasizing the importance of equal participation opportunities in school sports.

McCuskey, whose office is involved in the case, highlighted concerns about the implications of allowing biological males to compete in female sports categories. Officials said McCuskey’s response focused on maintaining fairness for cisgender female athletes and preserving the integrity of women’s sports.

The Supreme Court is reviewing the case after lower courts delivered conflicting rulings on whether policies that permit transgender girls to compete in girls’ sports violate Title IX or other federal laws. The case centers on whether Pepper-Jackson, who was assigned male at birth but competes as a female athlete, should be allowed to participate in girls’ track events at her West Virginia high school.

Supporters of Pepper-Jackson argue that excluding transgender athletes from sports teams consistent with their gender identity violates civil rights and can cause psychological harm. They contend that sports participation is a critical aspect of social inclusion and personal development for transgender youth.

Opponents, including McCuskey’s office, maintain that biological differences can create unfair advantages in competitive sports and that policies should protect the opportunities of cisgender female athletes. They argue that allowing transgender girls to compete in girls’ sports undermines the purpose of sex-segregated athletic categories.

The case has become a focal point in the broader national debate over transgender rights and the scope of Title IX protections. It also reflects ongoing tensions between state policies and federal guidance on transgender participation in school athletics.

West Virginia has implemented policies restricting transgender athletes’ participation in sports teams aligned with their gender identity, which has prompted legal challenges and drawn scrutiny from advocacy groups. The Supreme Court’s decision could have wide-reaching effects on similar cases and policies across the country.

As the court prepares to hear arguments, both sides continue to mobilize support. The letter from the 130 Democrats underscores the political dimensions of the case, signaling a strong push from some lawmakers to affirm transgender athletes’ rights.

Officials involved in the case caution that the Supreme Court’s ruling will likely set a precedent that will influence how schools and states approach transgender athlete participation in the future. The decision is expected to clarify the intersection of civil rights law and sports regulations.

The court has not yet scheduled oral arguments or announced when a ruling might be issued. Meanwhile, the debate remains a contentious issue in communities and legislatures nationwide.

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