Our amicus brief supports a petition for certiorari filed by the State of West Virginia, to protect its law protecting girls in girls’ sports from unfair and potentially dangerous competition from biological males. Men have an unfair physical advantage over girls for many reasons, and allowing them to compete against girls deprives girls of the ability to develop their own abilities and be recognized for their achievements. The Fourth Circuit, over a strong and thoughtful dissent, sacrificed girls’ sports on the altar of transgenderism. The division in sports between girls and boys has been well established and is unquestionably legal and constitutional. The Grimm decision allowing a girl to use the boys’ restroom, on which the Fourth Circuit relied, is no precedent whatsoever for compelling a school to allow boy to compete against girls in girls’ sports. Moreover, Grimm was based on the Standards of Care published by the World Professional Association for Transgender Health (“WPATH”), an organization has been exposed as having been a political player in the transgender wars, not a neutral medical organization focused on actual health issues. WPATH has tailored its standards to facilitate wins in court. Even if a court believes a specific transgender person could benefit from some policy, that does not provide the judiciary the authority to override the state legislature and impose that policy on a state. No court has the right to compel the rest of the country to sacrifice their liberty to satisfy those who wish to participate in what is, at base, an ancient Pagan practice, dangerous to all concerned.
