West Virginia files brief in support of 5 female middle school athletes banned from competition after protesting a transgender athlete

West Virginia Attorney General Patrick Morrisey on Friday filed an amicus brief, supporting the middle school students who protested a recent appeals court ruling against West Virginia’s Save Women’s Sports Act.

Five students who forfeited a shot-put competition on April 18 in protest of the ruling have now been barred from competing in that event at their next track and field meet. Four of the five students, through their parents, filed suit.

“The only thing this decision does is teach these children to keep their mouths shut and not disagree with what they saw as unfairness,” Attorney General Morrisey said. “That is outrageous and it tramples these students’ rights to freedom of speech and expression.”

On April 18, the students attended the 2024 Harrison County Middle School Championships track and field meet where they were scheduled to compete in shot-put. The plaintiff, a transgender athlete, in the federal lawsuit was also present for the April 18 competition following the U.S. Court of Appeals for the Fourth Circuit decision allowing that student to do so.

The five students stepped out of the shot-put circle without throwing, forfeiting in protest.

The students attended a news conference at the West Virginia State Capitol April 24 where Attorney General Morrisey announced his office is appealing the 4 ^th Circuit decision to the U.S. Supreme Court. One of the students read a speech during the event.

“Their actions at the earlier track meet were not disruptive or aggrandizing. They were the quiet demonstration of the student-athletes’ evident unhappiness with the competitive consequences of a federal appellate court’s decision,” according to Attorney General Morrisey’s brief. “ … Rather than being punished for their conduct or being sidelined in an effort to score points, all should commend these young athletes for putting their personal performances aside to demonstrate their discontent with an unjust result that affects them personally and within that event.”

Read a copy of the athletes’ lawsuit and a copy of the Attorney General’s amicus brief here .

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