A federal appeals court last week ruled in favor of a trans teen athlete who uses puberty blocking medication. Attorney General Patrick Morrisey seeks to overturn that ruling.

West Virginia Attorney General Patrick Morrisey said he will ask the U.S. Supreme Court to weigh in on if the state can enforce a ban on transgender athletes participating in girls’ sports.

A federal appeals court last week ruled in favor of West Virginia teen Becky Pepper-Jackson, a trans girl who uses puberty blocking medication. The girl sued the state over its law barring trans athletes from competing on girls’ and women’s sports teams in public schools and colleges. The law doesn’t ban trans males from competing on boys’ or mens’ teams.

“This is one of the most important cases that my office has handled over the past 12 years,” Morrisey said on Wednesday at the State Capitol while flanked by several Republican state lawmakers. “The [law] does not unlawfully discriminate. In fact, the law never uses the word ‘transgender.’ The law simply recognizes basic scientific truth, requiring the separation of the sexes in sports.”

The conservative-majority Supreme Court last year rejected Morrisey’s efforts to block Pepper-Jackson from participating in school sports with her peers.

Regardless of their ruling, Morrisey said he feels confident that the case could be heard and a resulting ruling could be in his favor. He plans to file the challenge “over the next month.”

“We want to make sure we time our filing so that we maximize the chance this case is going to be heard, and most importantly, that we will win,” Morrisey said.

He believes the ruling could set precedent for any future similar legal challenges involving transgender student-athletes. Twenty-one states have banned transgender student-athletes from competing in sports over the last three years, according to the American Civil Liberties Union.

The U.S. Fourth Circuit Court of Appeals ruling on April 16 only blocked the state’s transgender sports ban in Pepper-Jackson’s case; it did not overturn the state law in its entirety.

Following the ruling, Pepper-Jackson returned to track and field competition with her team. MetroNews reported that some female athletes last week declined to participate in shot put against her at the Harrison County Championships for middle schools.

Riley Gaines, a former collegiate athlete who has spoken out against trans women in sports, also attended the press conference in support of Morrisey’s legal challenge.

Earlier on Wednesday, Gaines joined Morrisey as he ceremoniously signed a “Stand With Women Commitment” pledge,” which was championed by conservative nonprofit Independent Women’s Voice .

The group backed legislation in West Virginia known as “ Women’s Bill of Rights, ” which was meant to codify the definitions of “man” and “woman” and protect single-sex spaces like restrooms and locker rooms.

The bill, championed by Gov. Jim Justice and Gaines, failed to go up for a vote on the final night of the legislative session.

Morrisey is running for governor in a tight Republican primary race. Issues involving transgender children have been a focal point among Republican gubernatorial candidates in a slew of television ads ahead of May primary voting.

LGBTQ civil rights organization Fairness West Virginia said in a statement that Morrisey’s legal challenge was in an effort to “ scare voters and demonize children.”

“Patrick Morrisey continues to lie about this case and about our state’s transgender community … [These lies] contribute to a hostile environment where trans youth are much more likely to experience harassment, bullying and discrimination. But he already knows that — and he’s doing it anyway,” said Communications Director Jack Jarvis. “Becky and all of the other trans youth across our state deserve to fully participate in school activities and athletic events.”

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