Five West Virginia middle school girls who were banned from participating in track and field meets after protesting against a transgender athlete have been allowed to compete again, following a judge’s ruling on Thursday night. Judge Thomas A. Bedell issued a preliminary injunction preventing the Harrison Board of Education and its schools from penalizing student-athletes for their speech. The school board denied allegations of retaliation against the students and stated that the students were allowed to protest with full awareness and permission from coaches and the principal.

The school board explained that the students were subject to a team rule stating that any player who scratches in an event cannot participate in that event at the next track meet. They emphasized that this rule was in place before the students’ protests and was unrelated to the protests themselves. Despite this rule, the students have competed in track meets and events following their protests without restriction.

West Virginia Attorney General Patrick Morrisey filed an amicus brief in support of the plaintiffs and praised the judge’s decision, stating, “These girls didn’t disrupt anything when they protested. They should be commended, not punished.” He emphasized the importance of teaching young people to address their grievances within the protections guaranteed by the Constitution.

The controversy began when the middle school girls were barred from competing in a shot put track and field event after protesting a court’s ruling to block enforcement of the state’s “Save Women’s Sports Act,” which prohibited transgender girls from competing against biological girls in sports. However, the 4th U.S. Circuit Court of Appeals found the law violated Title IX, siding with the ACLU and Lambda Legal.

The ruling stated that the law could not lawfully be applied to a middle school-aged transgender girl who has been taking puberty-blocking medication and has publicly identified as a girl since the third grade. The ACLU filed a lawsuit on behalf of 12-year-old transgender athlete Becky Pepper Jackson (B.P.J), arguing that the law violated the 14th Amendment and protections under Title IX.

West Virginia is one of 24 states that has laws barring biological males from competing in girls’ sports.