Attorney General Patrick Morrissey and Alliance Defending Freedom attorneys asked the 4th U.S. Circuit Court of Appeals Tuesday to dissolve its unexplained reinstatement of an injunction against the state's 2021 law banning "students of the male sex" from participating in female-designated athletic teams or sports "based upon competitive skill" or contact sports.
Pepper-Jackson has "beaten over 100 different girls, competitively displaced them over 280 times, consistently ranked in the top 10 of track-and-field events, and denied multiple girls spots in the conference championship" just since the reinstatement Feb. 22, the motion to dissolve reads. "The displaced girls will never be able to recover those opportunities."
This counters what Pepper-Jackson's American Civil Liberties Union lawyers repeatedly told the appeals court, according to Morrissey and ADF, which intervened in the case on behalf of Lainey Armistead, who played soccer for West Virginia State University when the suit was filed.
FILED: New facts in our WV case show the male plaintiff has displaced 100+ female athletes 280+ times.— Alliance Defending Freedom (@ADFLegal) July 12, 2023
WV's law was enjoined based on claims that a male competing with girls “will harm no one.” That claim is now demonstrably false. We've asked the court to lift the injunction.