Becky is a student in West Virginia who is starting high school. Three years ago, as Becky was preparing to begin middle school, West Virginia passed a law categorically banning transgender girls from participating in all school sports. Becky loves being part of a team and wanted to be able to participate in cross-country and track and field with her friends. She sued, arguing that West Virginia's law violated the Constitution and Title IX as applied to her, especially because she has received medication from the onset of puberty and has never experienced any physiological changes associated with puberty for boys. As a result of an injunction issued by the lower courts, she has been able to participate in middle school cross-country and track and field for the past three years. Becky and her mother are represented by the ACLU, the ACLU of West Virginia, Lambda Legal and Cooley LLP.

This case challenges a presumption of pretrial detention that applies to nearly all people charged with federal drug offenses.

Xavier Hersom applied for and was denied a gender marker change on his birth certificate. He said DHHR’s policy has created yet another layer of difficulty for him as a transgender person living in West Virginia. The ACLU, the ACLU of West Virginia, and the Harvard Law School LGBTQ+ Advocacy Clinic filed a federal lawsuit asking a court to declare West Virginia’s birth certificate policies relating to transgender people unconstitutional on behalf of Hersom and an another anonymous plaintiff.