Supreme Court Sets Back Women's Sports, Refuses To Stop Biological Male, 12, From Running Races Against Girls In West Virginia

On Thursday, the Supreme Court elected not to overturn a ruling allowing a 12-year-old transgender -- biological male -- track-and-field athlete to compete against girls.

The Associated Press reported that "the justices refused to disturb an appeals court order that made it possible for the girl, Becky Pepper-Jackson, to continue playing on her school’s track and cross-country teams."

West Virginia law currently prohibits transgender athletes from competing in the category of their identity over their biological sex. However, Pepper-Jackson filed a lawsuit challenging the law.

An appeals court ruled that she can continue to compete while the lawsuit plays out.

All of that information comes via the Associated Press story, which also took a paragraph to throw some partisan support behind Democrat policies.

"West Virginia Gov. Jim Justice, a Republican, also recently signed legislation banning gender-affirming care for minors, part of an effort in Republican-led states across the country to curb LGBTQ+ rights this year," the story reads.

"Curb LGBTQ+ rights" is certainly one way to describe not allowing children to undergo major cosmetic surgery.

Supreme Court refuses to step in on transgender athlete case

It's important to note that the Supreme Court did not make an official ruling. West Virginia asked the Court to uphold the state's current law while the case plays out in court. They want Pepper-Jackson to be banned from competition until the case is settled.

However, the Supreme Court denied to intervene or overrule the appeals court. Thus, Pepper-Jackson can continue to compete concurrently with the lawsuit.

Riley Gaines, a former NCAA swimmer and outspoken critic of biological men competing against women, tweeted: "We shouldn't surprised with this decision that sides with 'inclusion' and the minority at the expense of women's opportunities, privacy, fairness, and safety considering we have a sitting Supreme Court justice who can't define even define what a woman is."

Gaines is referring to an interaction between Sen. Marsha Blackburn, R-Tenn., and Surpreme Court Justice Ketanji Brown Jackson, a Biden-appointee.

Pepper-Jackson case used by transgender "advocates" to push agenda

The AP story notes that Pepper-Jackson is not among the better athletes on her team. That's part of the reason the case is attracting attention; those who want men to be allowed to compete against women can claim "there's no advantage."

However, anyone with basic understanding knows that at age 12, girls are often more physically developed than boys. That, of course, shifts drastically with puberty. Allowing this girl to compete now opens the door for her to continue to compete as she matures physically.

OutKick reached out to women's advocacy group ICONS for comment. ICONS is a group that works to defend women's sports from the threat of allowing men to compete.


"We're disappointed the Supreme Court did not recognize the urgency in defending state laws that fortify the right to fair competition and equal opportunities for girls in sports. We are more determined than ever to make sure the US does not erase the hard-earned rights of women after only a few short decades of flourishing female athletics."

The Associated Press story did not include include comment from ICONS and the organization confirmed that the outlet did not reach out to them.

That's surprising since corporate media outlets usually love speaking to women's advocacy groups. Not ones that fight for fairness in equality in sports, though.

The AP did use information from Movement Advancement Project, which they defined as "a pro-LGBTQ rights think tank."

Don't worry, though, the Associated Press simply "reports the news."

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Dan began his sports media career at ESPN, where he survived for nearly a decade. Once the Stockholm Syndrome cleared, he made his way to Outkick. He is secure enough in his masculinity to admit he is a cat-enthusiast with three cats, one of which is named “Brady” because his wife wishes she were married to Tom instead of him.