Judge asked to dismiss lawsuit over WV transgender ban

West Virginia

FILE – In this March 12, 2020, file photo, West Virginia Gov. Jim Justice speaks during a press conference at the State Capitol in Charleston, W.Va. The U.S. Department of Justice has weighed in on a new West Virginia law that bans transgender athletes from competing in female sports, asserting in a court filing Thursday, June 17, 2021, that the ban violates federal law. Justice signed the bill despite warnings from some lawmakers that the NCAA could retaliate and decide not to hold college tournaments in the state. Justice had said that while it concerned him that the state could miss out on a sporting event, he believed the benefits of the law “way outweigh the bad part of it.” (F. Brian Ferguson/Charleston Gazette-Mail via AP, File)

CHARLESTON, WV (AP) — Education officials are asking a federal judge to dismiss a lawsuit challenging West Virginia’s new law that bans transgender athletes from competing in female sports in middle schools, high schools and colleges.

The Charleston Gazette-Mail reports education and athletic officials said in court documents filed last week that they can’t be held liable for the law, which they didn’t request and largely won’t be responsible for enforcing.

The American Civil Liberties Union and its West Virginia chapter filed the lawsuit in May on behalf of an 11-year-old transgender girl who had hoped to compete in cross country in middle school in Harrison County.

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