Senate Majority Caucus weighs in on Lincoln Middle School track protest

The protests were followed by the students appearing with political figures at a press conference, including state Attorney General Patrick Morrisey, Auditor J.B. McCuskey, and several state senators and delegates.

Senate President Craig Blair, R-Berkeley, issued the Senate Majority Caucus’ statement, which came after a lawsuit was filed in Harrison County Circuit Court on behalf of four of the five protesting students. Prior to that, Morrisey filed a friend of the court brief.

The lawsuit’s focus is whether Lincoln Middle School officials violated the students’ free speech rights in making the athletes ineligible for the next meet following the protest.

Harrison Circuit Judge Thomas A. Bedell is presiding over the lawsuit.

A hearing is expected in the coming days, since the suit seeking injunctive relief soon will be moot because the end of the middle school track season is rapidly approaching.

The athletes’ protests involved the shot putters putting the shot to their chin inside the circle, then stepping out after a handful of seconds to make their point.

A recent 4th U.S. Circuit Court of Appeals ruling shot down a 2021 West Virginia law that restricted biological males from participating in female sports.

The opinion made it clear that the 4th Circuit majority saw West Virginia’s gender-focused sports law as flawed in several ways.

The law only limits transgender girls from participating in girls sports, the opinion noted. That was too narrow an exemption for the court’s majority, which pointed out that transgender boys weren’t prohibited from participating in boys events.

Additionally, the law was too broad for the majority, as it excludes all transgender girls from competition as female athletes to protect the competitive balance, even though some, or perhaps many, transgender girls would finish far down in the field, the majority indicated.

Also, forcing transgender girls to choose between participating on boys teams and identifying as boys wouldn’t be a choice at all, the majority indicated.

The 4th Circuit ruling is now under fire from Morrisey and other West Virginia Republicans.

Blair wrote on behalf of the Senate Majority Caucus:

“We condemn Harrison County Schools for taking punitive action against five student-athletes who chose to exercise their right to ‘step out’ of their recent track and field event to protest unfair competition in a sport, the risk of their personal safety, and the court decision that allowed a male to compete against them.

“The rules that govern the West Virginia Secondary Schools Activities Commission specifically outline the procedure for addressing a team or student who leaves a playing field in protest, including the consequences of those protest actions. Despite that procedure being clearly defined in the Code of State Rules, Harrison County Schools unilaterally decided to punish these female students by prohibiting them from competing in their next track meet.

“By refusing to adhere to these standards, Harrison County Schools is showing a galling lack of concern for the free-speech considerations of those students, as well as the safety of those students, because of unfair competition with males. Furthermore, they’re sending a message to counties across the state that it’s acceptable to disregard process when it suits a particular political agenda.

“We thank the Attorney General for filing a brief with the Harrison County Circuit Court in support of these students, and we hope that no other counties will choose to unfairly silence the voices of girls who choose to peacefully protest when they feel wronged and their safety is disregarded.”

Morrisey and his staff attorneys wrote in their brief:

“The State has multiple interests in this matter. Among other things, the State always wishes to see that its laws and rules are followed and applied in a consistent and fair manner. It also endeavors to ensure that the right to freedom of speech is always respected. Based on the Complaint, those interests are threatened here.”

The Attorney General’s Office also wrote in the brief:

“Rather than being punished for their conduct or being sidelined in an effort to score points, all should commend these young athletes for putting their personal performances aside to demonstrate their discontent with an unjust result that affects them personally and within that event. There can be no more direct and connected protest within the sports context. And that expression, along with their attendance at a press conference with political figures addressing their protests, are protected activities.”

Sen. Ben Queen, a Harrison County Republican, also issued a statement.

“I’m immensely proud that my colleagues in the Senate and I are taking a bold stance on this issue. The integrity of girls sports in West Virginia demands protection. It’s time we refuse to tiptoe on eggshells around a vocal minority while leaving the majority behind. I’ve listened to the voices of countless constituents who demand nothing more than simple fairness and the security of our locker rooms,” Queen said.

“This issue hits particularly close to home for me, both professionally and as a representative of my hometown. I’ve consistently voted to protect girls sports and safeguard young people from invasive procedures and transitions before the age of 18. Nor do I believe biological males deserve special privileges or exemptions in female athletics,” Queen said.

“I stand firm in my commitment to defending the rights of our student-athletes and ensuring that their voices are heard.”