Gov. Patrick Morrisey holds up a signed copy of Senate Bill 456, the Riley Gaines Act, which defines “male” and “female” in state code and protects single-sex spaces. The bill was signed in a March ceremony.

CHARLESTON — While West Virginia is awaiting action by the U.S. Supreme Court regarding its ban on transgender girls and women competing in sports, Gov. Patrick Morrisey called on high school sports officials to not punish biological girls who choose not to compete against a biological boy.

In a statement released Tuesday evening, Morrisey said it was “unfair” to penalize female student-athletes that choose to not compete against a transgender girl and put at risk their participation in the state high school track and field championships May 23-24.

“I am hearing that high school track coaches in West Virginia are threatening to force girl track and field athletes to compete against a boy or face suspension – which could remove their opportunity to participate in the state championships,” Morrisey said. “This cannot stand.”

Last summer, Morrisey — in his capacity as attorney general — filed a petition with the U.S.

Supreme Court after a panel of the U.S. Fourth Circuit Court of Appeals blocked enforcement of House Bill 3293, relating to single-sex participation in interscholastic athletic events.

HB 3293, passed by the West Virginia Legislature in 2021, requires student-athletes in middle school, high school or college to participate in sports that match the student’s sex assigned at the time of their birth.

The law applies to sports regulated by the NCAA and other college interscholastic organizations.

Becky Pepper-Jackson, a cross country and track athlete who has identified as a girl since third grade and takes puberty-blocking medication, filed a lawsuit against HB 3293 in May 2021 shortly after the law went into effect.

After a lower court allowed the law to be enforced, the Fourth Circuit overruled that decision, preventing the law from being enforced while the case was pending.

The U.S. Supreme Court rejected an effort by Morrisey to appeal that decision, preventing HB 3293 from being enforced.

“I believe what is going on right now in West Virginia — with boys playing sports against girls — to be abhorrent and contrary to law,” Morrisey said. “While we wait for the Supreme Court to issue their ruling in this case, I’m calling on all coaches involved to let these brave athletes take a stand for what is right without unfair punishment.”

During a track competition in Harrison County last spring, five students from Lincoln Middle School refused to throw shot put against Pepper-Jackson in protest. Several of the girls were in attendance with Morrisey for the signing in March of Senate Bill 456, the Riley Gaines Act, which defines “male” and “female” in State Code and protects single-sex spaces.

The bill is named for Riley Gaines, who first made headlines in 2022 after competing against Lia Thomas, a transgender woman who was on the University of Pennsylvania’s swim team.

Morrisey also signed other bills aimed at transgender youth, including Senate Bill 299, eliminating narrow exceptions for the use of medication gender-affirming care for minors; and Senate Bill 154, prohibiting instruction in public schools regarding sexual orientation and gender identity.

That bill also requires parents to be informed when a student seeks accommodations different than their sex assigned at birth, such as using different names and pronouns.

Concluding his press release Tuesday, Morrisey called for state track and field officials to be prepared to make changes to the results if the Supreme Court takes up the state’s case and rules in its favor.

A request for comment emailed to the West Virginia Secondary School Activities Commission was not returned by press time.

“As we all work toward removing the wrongly-decided injunction in upcoming months, I ask for all tournament officials to keep a full set of results so that true winners of each event may be recognized when the Supreme Court rules in our favor,” Morrisey said.