West Virginia high school track athlete Adaleia Cross is joining a national Title IX lawsuit after alleging a transgender 13-year-old teammate sexually harassed her during practices and in the school’s locker room. The transgender athlete, known in court documents as B.P.J., made offensive and inappropriate sexual comments to Cross throughout the school shot put season, which escalated to more aggressive and disturbing remarks during Cross’s final year of middle school. Despite reporting these comments to school administrators, B.P.J. allegedly received little to no punishment, leading Cross to experience deep distress and impacting her ability to participate in track and field.
Cross expressed her reluctance to continue competing on the same team with B.P.J. in high school, as they share the same track and have overlapping practice times. She expressed her discomfort at having to be exposed to inappropriate comments and compete against boys, which has left her unable to fully enjoy sports in that environment. Cross also noted how B.P.J.’s athletic performance improved over time, eventually outperforming her and securing a spot in a major track meet, displacing Cross from one of the top three positions.
The lawsuit filed by Cross is part of a broader legal challenge against President Biden’s Title IX revisions that were implemented in April. These new regulations aim to protect gender identity from discrimination but have faced criticism from individuals, organizations, and states who argue that the revisions are unconstitutional and violate various laws, including the First Amendment and the Administrative Procedure Act. Sarah Marshall Perry, a legal fellow at the Heritage Foundation, highlighted the significant pushback against the Title IX changes and expressed her belief that more legal challenges could arise.
In response to the controversy surrounding B.P.J. and the refusal to enforce the state’s “Save Women’s Sports Act”, five West Virginia middle school girls were initially banned from participating in track and field meets after protesting against the transgender athlete. However, a preliminary injunction was issued by Judge Thomas A. Bedell, allowing the students to compete again without being penalized for their speech. The school board denied allegations of retaliation and maintained that the students were allowed to protest with full awareness and permission from school officials.
The broader implications of this case extend beyond the specific allegations made by Cross against B.P.J. and highlight the ongoing debate surrounding transgender participation in sports and the enforcement of Title IX regulations. The legal challenges against the Biden administration’s revisions reflect concerns about constitutional violations and the impact on gender equality in athletic competitions. The lawsuit filed by Cross adds to a growing number of individuals, organizations, and states challenging the recent changes to Title IX, signaling a significant legal battle over the interpretation and application of these regulations.
