A West Virginia teen trans athlete, a biological male, defeated nearly 300 girls more than 700 times in middle school track events, according to a court document that's part of a lawsuit that seeks to prevent the Biden administration's new Title IX rules from going into effect.
Further, the court filing states that the biological male, Becky Pepper-Jackson, sexually harassed a client — "using graphic, sexual language about her" — represented by the nonprofit civil rights firm Alliance for Defending Freedom (ADF), forcing the teen girl from the girls locker room "to avoid the humiliation of changing in front of a male."
"The new Title IX rules would mandate many of these harms nationwide," read the ADF filing submitted to the U.S. District Court for the Eastern District of Kentucky last Thursday. The requested stay would put the administration's new changes on hold while the case proceeds.
The Biden administration's changes, that is redefining "sex" in federal law to include "gender identity" with zero regard to biology, are slated to go into effect on Aug. 1.
"The Biden administration's radical redefinition of sex will upend the equal opportunities that women and girls have enjoyed for 50 years under Title IX and will threaten their safety and privacy at every level," ADF legal counsel Rachel Rouleau said in a statement. "While the administration claims this change won't affect sports, it has already made its position clear that men who identify as women should compete in women's sports under Title IX."
The 4th U.S. Circuit Court of Appeals ruled 2-1 in April that West Virginia's transgender sports ban violated the rights of the boy, Pepper-Jackson, under the Title IX law. The court ruled that because Pepper-Jackson legally changed his name and has been living as a girl, he must be a girl — to the tune of defeating biological females more than 700 times.
"In fact, the administration has supported a male student's efforts to compete against our client and other girls in women's sports in West Virginia," Rouleau's statement read. "After a federal court allowed this male to compete on the girls' team, that male athlete has finished ahead of girls more than 700 times in cross country and track-and-field events and taken our client's spot to compete at a conference championship.
"Our client has also lost her right to use the women's locker room free from harassment and without a male present. This egregious example is just one of many ongoing difficulties girls are facing with this illegal rewrite of federal law and vast executive authority overreach," Rouleau added.
In a guest column for Newsmax on Tuesday, Rouleau wrote that in "Joe Biden's America, women are forgotten."
"The Biden administration's redefinition is demonstrably dangerous. It's time that we protect women, not ignore or redefine them," she wrote.
Mark Swanson ✉
Mark Swanson, a Newsmax writer and editor, has nearly three decades of experience covering news, culture and politics.
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