WASHINGTON — The Supreme Court on Thursday waded into the legal fight over state laws that ban transgender athletes from competing in girls’ and women’s school and college sports, taking up cases from West Virginia and Idaho.
The court will hear cases involving two transgender students, Becky Pepper-Jackson and Lindsay Hecox, who challenged state bans in West Virginia and Idaho, respectively.
Both won injunctions that allow them to continue to compete in sports. Pepper-Jackson, now 15, takes puberty blocking medication, while Hecox, a 24-year-old college student, has received testosterone suppression and estrogen treatments.
“Categorically excluding kids from school sports just because they are transgender will only make our schools less safe and more hurtful places for all youth,” said Joshua Block, a lawyer with the American Civil Liberties Union, who is part of the legal team representing both students. “We believe the lower courts were right to block these discriminatory laws, and we will continue to defend the freedom of all kids to play.”
West Virginia Attorney General JB McCuskey welcomed the Supreme Court’s intervention.
“The people of West Virginia know that it’s unfair to let male athletes compete against women; that’s why we passed this commonsense law preserving women’s sports for women,” he said.
Idaho Attorney General Raúl Labrador, who is defending that state’s law, echoed those sentiments, saying that “women and girls deserve an equal playing field.”
Oral arguments will likely take place later this year, with a ruling expected by June 2026.
The states both enacted bans that categorically bar transgender students from participating in girls’ or women’s sports. More than half the 50 states now have such laws, but legal challenges have not been decisively resolved.
The fight for and against the expansion of transgender rights has become a flashpoint nationwide and was an issue in the recent presidential election, with Donald Trump denigrating Democrats for supporting the effort. His administration has begun to roll back measures taken by President Joe Biden to expand protections for transgender people.
In February, the National Collegiate Athletic Association also changed course, announcing a new policy to limit women’s sports to “student-athletes assigned female at birth only.”
In Pepper-Jackson’s case, a federal judge initially ruled in her favor but concluded in January 2023 that the law was most likely legal and allowed it to be enforced against her. Pepper-Jackson appealed, and the Richmond, Virginia-based 4th U.S. Circuit Court of Appeals blocked West Virginia officials from enforcing it against her.
The Supreme Court in April 2023 rejected the state’s attempt to enforce the law against Pepper-Jackson while the litigation continues, meaning she has been able to continue to participate in school sports, namely cross-country and track.
Hecox, who plays soccer and also runs, similarly obtained an injunction from a district court judge against Idaho officials. She also won on appeal at the San Francisco-based 9th U.S. Circuit Court of Appeals.
Pepper-Jackson and Hecox both failed to qualify for running teams at their respective schools, according to court papers. Pepper-Jackson did place third in the state for middle school discus and sixth in middle school shot put, losing out to cisgender girls. She finished 67th out of 68 in a cross-country event in eighth grade.
In barring transgender girls from participating in girls sports at the middle school, high school and college levels, the West Virginia law enacted in 2021 says gender is “based solely on the individual’s reproductive biology and genetics at birth.” As such, it says, a female is a person “whose biological sex determined at birth as female.”
The Idaho law, passed in 2020, states that sports “designated for females, women, or girls should not be open to students of the male sex.”
Both cases concern whether such laws violate the 14th Amendment to the Constitution, which requires that the law apply equally to everyone. Pepper-Jackson’s case also raises a claim under Title IX of the Education Amendments of 1972, which prohibits sex discrimination in education.
The Biden administration unveiled proposals on how Title IX applies to transgender athletes, saying that blanket bans would be unlawful but concluding that it may be lawful to limit involvement in competitive sports.
But the the Trump administration has reversed course, with the White House issuing an executive order titled: “Keeping Men out of Women’s Sports.”
In 2020, the Supreme Court ruled that federal law barring sex discrimination in employment protected LGBTQ people, a ruling that angered conservatives. The court is yet to rule on whether the same reasoning applies to Title IX.
Phypers, 52, filed for divorce from the “Wild Things” star, 54, on Monday in Los Angeles, according to documents obtained by The Post.
Phypers listed “irreconcilable differences” as the reason for the breakup. He also listed the date of separation as Friday, July 4.
Denise Richards and Aaron Phypers at The Jonathan Foundation fundraiser. Faye’s Vision/INSTARimages
The pair tied the knot in 2018 in Malibu.
Richards shared in a statement at the time, “I am so happy to officially be married to the love of my life!”
The wellness practitioner is seeking spousal support from Richards, per the documents. He also asked to keep their debts and assets separate, as well as making sure to note that he wants his power tools, 2018 Indian Dark Horse motorcycle and his Shelby GT500 sports car.
The Post has reached out to Richards’ rep and Phypers for comment.
Denise Richards poses with her family. Nicole Weingart/E! Entertainment
The estranged husband and wife were married for six years. Richards is mom to daughters Sami, 21, and Lola, 20, with her ex-husband Charlie Sheen.
The actress adopted daughter Eloise, 13, in 2011. In 2019, Phypers legally adopted Eloise.
Aaron Phypers, Denise Richards and Eloise. FilmMagic
At the event, Richards and Phypers got candid about their youngest daughter’s health.
Eloise was diagnosed with chromosome 8 in 2016, which has caused developmental delays for the teen. Nevertheless, the teen is thriving.
“She’s doing amazing,” the former “RHOBH” star shared. “She really is. We are very fortunate that we’re able to provide that for her, but she’s turning 14 and there are a lot of challenges.”
Denise Richards and Aaron Phypers. WireImage
Richards told The Post that Eloise has taught the now-former pair several things.
“Patience,” the mom of three stated. “She is an angel, and just the littlest things make her so happy. [It’s taught us] to enjoy the small things and enjoy the smaller things in life.”
Phypers noted, “She’s so special.”
Denise Richards poses with her husband. deniserichards/Instagram
Richards revealed that the cast, which also included Sheen’s ex-wife Brooke Mueller and their 16-year-old twins Bob and Max, filmed more than what viewers saw.
“We filmed so much footage you can put into an episode,” she confessed. “I’m glad people want more instead of being like, ‘When is this thing over?’ So I’m glad that people seem to really like the show, and we’re very blessed, and hopefully we will be back for another season.”
Denise Richards and Aaron Phypers. APEX / MEGA
During Season 1, fans got an in-depth look into Richards’ marriage. She and Phypers presented as a united front as they dealt with their children, relatives and relationship.
On the premiere episode, Richards opened up about her romance with the Bravo star.
“It’s not easy being married to me,” she expressed in a confessional, as Phypers responded: “It is not, and she said it! But this is it. I’m done.”
Denise Richards kisses her husband. Nicole Weingart/E! Entertainment
Richards admitted: “Yeah, I’m never getting divorced again. Even if we hate each other, I’m not gonna f–king get divorced.”
“We’ll just have different homes or something,” suggested the motorcycle enthusiast. “But we’re not gonna hate each other.”
But in April, Sami opened up about her bond, or lack thereof, with her stepdad.
“We’re not even that close,” she revealed on the “Casual Chaos with Gia Giudice” podcast. “We don’t ever hang out, we never talk.” However, Sami noted she’s all for his marriage to her mom because “he makes her happy.”
Charlie Sheen, Denise Richards and daughters, Lola and Sami. Instagram
Richards was famously married to Sheen, 59, from 2002 to 2006.
Phypers tied the knot with “Desperate Housewives” actress Nicollette Sheridan in 2015. The two divorced in 2018.
Several hours after a person eats death cap mushrooms and becomes violently unwell, there is a period of relief. They feel as if they are improving. They are not.
This pause soon gives way to “a relentlessly progressive and quite frightening rapid deterioration into multiple organ failure”.
“The body’s different organ systems essentially shut down and the patient is extremely unwell, at a very high risk of dying,” the director of intensive care at Austin Health, Dr Stephen Warrillow, told Erin Patterson’s triple murder trial.
At times it seemed almost an afterthought, during an extended trial subject to ghoulish fascination, that Don Patterson, Gail Patterson and Heather Wilkinson died terrible deaths.
Ian Wilkinson barely escaped the same fate, but he was watching in court as Warrillow gave his evidence. Not five metres to Ian’s left was the woman who allegedly tried to kill him.
There was no dispute that Patterson poisoned him and the others with death cap mushrooms, that the blame for their deaths fell at her feet. But had she meant to do it?
On Monday, a Victorian supreme court jury convicted Patterson of murdering her estranged husband’s parents, Don and Gail Patterson, and his aunt, Heather Wilkinson. The 12-person jury also found Patterson guilty of attempting to murder Heather’s husband, Ian Wilkinson.
The difficulty in proving Patterson’s intent – as the defence made sure it repeatedly emphasised – was that the prosecution could not say why she killed three people and tried to kill a fourth.
Despite the law being clear that no motive was required, this was no small thing for a jury: how to be satisfied beyond reasonable doubt that a mother of two, with no criminal history, is guilty of triple murder, when nobody can tell you why she did it?
Don and Gail Patterson died in hospital after eating the beef wellington meal served by Erin Patterson.
Patterson said the deaths were due to the most trivial thing, a slight reorganisation of her pantry. At some point, she put foraged mushrooms that she did not realise were death caps in the same Tupperware container as mushrooms bought from an Asian grocer.
She started foraging around the start of the pandemic, Patterson told the jury, and continued the habit for the next three years every autumn, picking mushrooms that grew on her properties and in public spaces including botanic gardens.
Patterson bought a dehydrator in April 2023 because she loved wild mushrooms, but they didn’t keep for long. Drying them meant they would last longer.
A few days earlier, Patterson said, she bought dried mushrooms from an Asian grocer in Melbourne’s eastern suburbs. They were too “pungent” for the dish she was making, so she removed them from their packet, and put them in a different Tupperware container.
This container was stored in her pantry at her home in Leongatha in May and June. At about this time, Patterson said she put wild mushrooms that she foraged and dehydrated in that same container.
Patterson said none of this was clear to her until Simon confronted her in Monash hospital three days after the lunch, and asked whether the dehydrator was “how you poisoned my parents”.
“Did that comment by Simon cause you to reflect on what might have been in the meal?” Patterson’s barrister, Colin Mandy SC, asked her on 4 June.
“It caused me to do a lot of thinking about a lot of things, yeah,” Patterson answered.
She went on: “It got me thinking about all the times that I’d used [the dehydrator] … how I had dried foraged mushrooms in it weeks earlier, and I was starting to think, ‘what if they’d gone in the container with the Chinese mushrooms? Maybe – maybe that had happened’.”
Patterson started to feel scared, responsible, worried her children would be taken away, because “Simon seemed to be of the mind that maybe this was intentional”, the court heard.
This conversation with Simon was the fulcrum, where the wheel started to turn, as Mandy put it, where Patterson decided to cover up her foraging, the Covid habit turned deadly.
Illustration: Guardian Design
She dumped the dehydrator the next day, lied to police repeatedly in an interview about foraging and the dehydrator three days later still, and remotely reset her phone to conceal evidence of both those parts of her life from homicide squad detectives, the court was told.
But there was a significant point of contention about Patterson’s version of events: Simon said the conversation at Monash hospital never happened.
According to the prosecution, Patterson bought the dehydrator as a murder weapon on 28 April 2023, soon after she travelled to the township of Loch to source death cap mushrooms.
She bought it for the sole purpose of disguising death caps so she could fatally poison the lunch guests, not to preserve wild mushrooms so she could cook with them year-round, the court heard. This was no pantry error, the prosecution said, but a murderous plot, weeks in the making.
Even the fact Patterson was in Monash hospital was, on the prosecution case, a ruse: she was pretending to be sick so as not to arouse suspicion about why the others were fatally unwell, and she was not.
A lot turned, therefore, on what the jury made of Patterson’s account about these weeks before the lunch.
What in general did they make of her, a self-confessed liar, urging them to believe her now? Is someone more believable once they admit their untruths? Or are they damned as a liar?
Mandy told the jury that Patterson was not on trial for lying, but the conclusions they made about her lying could help them reach a verdict.
Patterson’s evidence bookended by tears
Patterson could have taken the stand regardless of the advice of her lawyers. There was much about her extended period in the witness box that may have caused them anxiety.
Her eight days in the stand left their mark on Patterson; she was in tears soon after she started, and in tears as she ended, but it did not seem to harm her case. Whether she came out, as Mandy said, unscathed, or as the prosecutor Nanette Rogers SC said, with yet more lies attached to her name, was a matter for the jury.
What certainly emerged was a fuller picture of her, edges and shape, the third dimension to the flat picture of her seen on screens and in the dock.
Patterson said she was a binge eater, who had struggled with her body image since she was a child whose mother forced her to weigh herself, she said. The day of the lunch, she binge ate two-thirds of an orange cake brought by Gail, then vomited it up – a plausible explanation, the defence said, for why she was less unwell than her guests later.
She also described regularly consulting “Dr Google” to understand health ailments, and admitted to having overstated health complaints including cancer to elicit sympathy.
Patterson spoke of the camping trips and the religious epiphany at Ian’s church that occurred in the years after she met Simon, while they were working for the same suburban council.
She had owned a bookshop in Western Australia, worked as an air traffic controller, then had no need to work at all because of inheritances worth several million dollars. Her plans for 2023 included studying a bachelor of nursing and midwifery, but she had deferred before the lunch.
Nothing appeared to define her more than motherhood, however: her 16-year-old son and 11-year-old daughter were the centre of a universe that included their doting grandparents, Don and Gail.
Patterson’s five days of cross-examination were punctuated by revelations, but without moments of genuine shock. Rogers said the “starkest lie” which emerged was that Patterson claimed she was having gastric bypass surgery, when she had no such appointment.
There was probing of whether Patterson was “two-faced” – the loving daughter-in-law who helped in church every second Sunday and stayed part of her estranged husband’s family eight years after they separated, and the woman who vented “fuck ‘em” about the same family to her friends online.
The Patterson family attended Korumburra Baptist church. Photograph: James Ross/AAP
More may have emerged if so many of the questions asked of Patterson did not end with an invitation for her to give a single word response. Rogers asked Patterson more than 200 questions that ended with the words “agree or disagree” or “correct or incorrect”, and others still ended with just one of those words.
Patterson was not asked whether she tried the duxelles after, in her telling, she accidentally added death cap mushrooms to a bland dish. Is this not what any home cook would do, after adding an ingredient to improve a meal? Mandy told the jury they could infer she did just that.
Indeed, many details about how Patterson said this accident happened remained inexact, including when and where she picked the mushrooms; why she had not used them in other meals before, given they were there for some weeks and her love of mushrooms; why she combined different types of dried mushrooms in the same container, including button mushrooms from Woolworths, when one of these varieties, had been too “pungent” for a dish; what exactly did the container look like, and could Patterson identify it, given police took dozens of photos of her kitchen.
There were other questions, too, that were not asked about Patterson’s conduct after the lunch.
Patterson was asked countless times about her bowel movements, the phrase, “poo your pants” and variances a common occurrence, but not about why she was wearing white pants at a time she said she was suffering diarrhoea.
Patterson was the final witness in her trial. Her estranged husband, Simon, was the first. Between them were about 50 others, police and doctors and family and mycologists, some linked to the case in intimate, life-altering ways, others seemingly perturbed about being dragged into it.
Patterson watched these witnesses closely from her seat in the dock, mostly with her chin slightly raised, reading glasses on or close by, ready to be used should an exhibit appear on the screen to her left.
From her seat, Patterson could see through a large window, covered with translucent blinds, facing south. As the trial dragged on through the end of autumn and into winter, she could watch as leaves withered, turned the colour of the terracotta roofs below, and were blown loose.
Occasionally, one flitted against the window, an almost startling reminder that life outside court number four went on.
A travelling circus
Beyond Morwell is the Hazelwood open cut coalmine, and further still, the foothills of the Strezlecki Ranges. They are a barrier between the Latrobe Valley, where the trial was held, and South Gippsland, the region where Patterson and the guests are from.
There is little in common between Leongatha, where Patterson lived, and Morwell, where she opted for the trial to be held, despite them being only 60km apart.
As there was barely a link between the towns, there was a sense that the trial was a travelling circus: everybody would soon pack up and leave, without any lingering sense of loss or trauma in Morwell.
And a circus, at times, it was: people were chased out of court after trying to take selfies with Patterson, or, at one point, reaching out to touch her hand. Another man was marched out after directing a protest at Justice Christopher Beale. An article that was to be about the “media circus” breached a suppression order, as did multiple other publications.
Other media outlets, and a juror who was dismissed, could yet face further proceedings resulting from the trial.
On the days Patterson gave evidence, a handful of people waited outside from about 6.30am, four hours before court started, in single-digit temperatures.
Many of those who crammed into court throughout the trial appeared not unlike Patterson herself: middle aged women with an interest in true crime.
Some watchers were obsessed because it was an alleged poisoning case, others because they were from South Gippsland and wanted to see it.
There was a man with rainbow coloured hair and a matching coat, who runs a business giving people “unicorn manes”. A woman who runs a popular true crime Instagram account shared the front row with novelist Helen Garner.
There was no other way for the public to follow the case: you had to be in that room, or otherwise dip into the seemingly endless content produced about it (almost all of those in the gallery did both).
It is hard to know exactly what made it so popular. It would perhaps be easier to identify what wasn’t compelling about it.
Surely, a significant element was that this was a woman accused of the unthinkable and judged on different standards, someone who in public sentiment did not grieve in a genuine way, who must be mad or sad or bad or some combination of the three.
Of the roughly 40 seats inside court, about half were free for the public, with the rest taken by the Patterson and Wilkinson families, media, and other people associated with the case. Only one supporter of Patterson, her friend and power of attorney, regularly attended court.
Heather Wilkinson and her husband, Ian Wilkinson, the sole surviving lunch guest. Photograph: Facebook
Patterson spent week nights inside the Morwell police cells. Every day of the trial, she walked about 30 steps along a passageway, no wider than three metres, from the back of the station into the court building.
Above her, and to her right, was the patio outside court, where feverish coverage whirred on: witnesses and lawyers and the detective in charge of the investigation, Stephen Eppingstall, ran a gauntlet of photographers and camera operators to get into court every day; reporters completed live crosses; court watchers, having saved a seat upstairs, ducked out for a final smoke before the hearing started.
Patterson walked in open-toed rubber sandals, a seemingly curious choice for late autumn and winter in the Latrobe Valley, until you considered how rare it was for her to be outside.
On Fridays, she was taken by prison van from Morwell to the Dame Phyllis Frost Centre, a prison on the dusty and flat western outskirts of Melbourne.
As she left Morwell, and when she returned on Mondays, photographers reached high to firmly press their lenses against the van’s tiny compartment windows, not knowing which of these compartments Patterson was in.
After the jury retired to consider its verdict, temporary fencing wrapped in black plastic appeared around Patterson’s house, where the lunch was held.
It seemed an odd thing to have preoccupied Patterson when she was awaiting a verdict on charges of triple murder, to take steps to preserve a sliver of privacy should she walk from court, but the case is nothing if not odd.
On Monday, she again made that walk from the police station into court along the concrete passageway, took the lift to the first floor, and, flanked by two corrections officers, stepped through a door into the dock.
She would not have to wait long to learn if the jury would send her back the way she came, or whether she would be free to walk into court, to head back to her dream home, to tend her three acres behind her rudimentary fence.
Ian Wilkinson, the only guest who sat for lunch at Patterson’s dining table on 29 July 2023 and lived, the Baptist Church pastor who stared death in the face, did not come to court to see it.
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