Education officials are asking a federal judge to dismiss a lawsuit challenging West Virginia’s new law that prohibits transgender athletes from competing in women’s sports in middle schools, high schools and colleges
Charleston, WA – Education officials are asking a federal judge to dismiss a lawsuit challenging West Virginia’s new law that bars transgender athletes from competing in women’s sports in middle schools, high schools and colleges.
The Charleston Gazette-Mail reported that education and athletic officials said in court documents filed last week that they could not be held liable for legislation they did not request and would not be responsible for enforcing the mass.
The American Civil Liberties Union and its West Virginia chapter sued in May on behalf of an 11-year-old transgender girl who had hoped to compete in cross country at a Harrison County middle school. The girl is seeking an injunction to stop the law from being implemented.
The ban is set to take effect Thursday and will require state education boards to establish rules to determine where local athletic officials can enforce the law.
Lawyers for the West Virginia Board of Education and the West Virginia Secondary School Activity Commission argued that they could not be held responsible for the law as they were not responsible for enforcing it.
Lawyers for Harrison County Schools said the district was “not responsible for and did not pass” the transgender athlete ban and did not harm the girl.
“The (law) was not made by the county board, and it is not under the control of the county board,” the response said.
The US Justice Department intervened in the case last month, saying the ban was a violation of federal law.