Federal Court blocks two anti-trans laws on the same day

The federal court has blocked two anti-trans laws in two different states on the same day, and we love to see it!

On July 21, federal court issued a bench decision blocking an Arkansas law that prohibits health care professionals from providing or even referring transgender young people for medically necessary health care. 

On the same day, a federal court also 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 Arkansas law was set to go into effect on July 28. The lawsuit was filed by the American Civil Liberties Union on behalf of four transgender youth and their families as well as two doctors. The West Virgina ruling came in the lawsuit challenging the ban filed by Lambda Legal, the American Civil Liberties Union, the ACLU of West Virginia, and Cooley LLP.

When commenting on the Arkansas ruling, Holly Dickson, ACLU of Arkansas executive director, said “This ruling sends a clear message to states across the country that gender-affirming care is life-saving care, and we won’t let politicians in Arkansas — or anywhere else — take it away,” said. 

“Today’s victory is a testament to the trans youth of Arkansas and their allies, who never gave up the fight to protect access to gender- affirming care and who will continue to defend the right of all trans people to be their authentic selves, free from discrimination. We won’t rest until this cruel and unconstitutional law is struck down for good.”

This is the second anti-trans law passed in 2021 that has been blocked by an ACLU lawsuit. Earlier this month, a federal court in Tennessee blocked a law that required businesses and other entities that allow transgender people to use the public restroom that matches their gender to post a government-prescribed warning sign.

“We warned lawmakers that if they passed laws attacking trans people that they would see us in court,” said Chase Strangio, deputy director for transgender justice with the ACLU’s LGBTQ & HIV Project. “This victory belongs to Dylan, Brooke, Sabrina, and Parker, as well as other trans youth in Arkansas who spoke up about the harms created by this law. Our work in Arkansas and around the country is far from over — including with this law.”

Becky Pepper-Jackson, the plaintiff in the West Virginia lawsuit, spoke about the federal court’s decision stating, “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. It hurt that the State of West Virginia would try to block me from pursuing my dreams. I just want to play.”

West Virginia Gov. Jim Justice signed H.B. 3293 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 disturb 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.

“This is great news for Becky, and while our work is not done yet, today’s ruling jibes with similar rulings in other courts across the country,” said Avatara Smith-Carrington, Tyron Garner Memorial Law Fellow, Lambda Legal. “It is our hope that courts recognize and address discrimination when they see it, and nowhere is it more visible than in these stark attacks against trans youth.”

“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,” said ACLU-WV Legal Director Loree Stark. “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.

Becky’s case was filed by Lambda Legal, the ACLU Jon L. Stryker and Slobodan Randjelović LGBTQ & HIV Project, ACLU-WV, and law firm Cooley LLP in the United States District Court in the Southern District of West Virginia.