West Virginia is asking the Supreme Court to review a case banning transgender athletes from participating in school sports all the way through college. West Virginia Attorney General Patrick Morrisey said Thursday he’d file an emergency application with the conservative-majority court following years of lower-court rulings blocking the law. The law says gender is “based solely on the individual’s reproductive biology and genetics at birth.” It was enacted in 2021, but challenged by a then-11-year-old transgender girl, who wanted to run on her school’s cross country and track teams. The law was first blocked by a federal judge, who later approved it, but then was blocked again by an appeals court. In 2021, the Supreme Court declined to review a case on whether transgender students can use the bathroom that corresponds to their gender identity. Currently, 18 students have passed laws banning transgender girls from school sports, including those blocked by courts. Aside from West Virginia, bans in Idaho, Indiana, and Utah have been blocked, while in Montana, a ban in higher education was blocked, while a K-12 ban was allowed.
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