A federal appeals court has rejected a challenge to Connecticut’s policy allowing male students who identify as female to compete in girls’ athletics, a case with national implications for the debate over fairness and inclusion in competitive sports.
The Second Circuit Court of Appeals in New York affirmed on Tuesday the dismissal of a lawsuit filed by four female high school athletes against the Connecticut Interscholastic Athletic Conference’s transgender-participation policy after losing races to biological males.
The 29-page decision, written by senior U.S. District Court Judge Denny Chin, an Obama appointee, found that the girls lacked standing because they were still afforded the opportunity to compete in state track meets. The ruling affirmed a federal district court’s decision to dismiss the case in April 2021.
While the male-born competitors, Andraya Yearwood and Terry Miller, took first place in a number of girls’ races at the 2019 state track championships, they didn’t always win.
“All four plaintiffs regularly competed at state track championships as high school athletes, where plaintiffs had the opportunity to compete for state titles in different events,” said the ruling. “And, on numerous occasions, plaintiffs were indeed ‘champions,’ finishing first in various events, even
sometimes when competing against Yearwood and Miller.”
The decision also cited court decisions in favor of transgender rights, including the Supreme Court’s 2020 Bostock v. Clayton County case upholding Title VII anti-discrimination protections in employment, as well as rulings in favor of students using restrooms and other facilities on the basis of gender identity.
“Although these cases from our sister circuits do not address the exact issue of participation of transgender athletes on gender specific sports teams, such authority nonetheless establishes that discrimination based on transgender status is generally prohibited under federal law, and further supports the conclusion that the CIAC and its member schools lacked clear notice that the policy violates Title IX,” said Judge Chin.
Joshua Block, senior staff attorney for the American Civil Liberties Union’s LGBTQ & HIV Project, called the ruling “a critical victory for fairness, equality, and inclusion.”
“The court rejected the baseless zero-sum arguments presented by the opposition to this policy and ultimately found transgender girls have as much a right to play as cisgender girls under Title IX,” said Mr. Block. “This critical victory strikes at the heart of political attacks against transgender youth while helping ensure every young person has the right to play.”
Alliance Defending Freedom senior counsel Christiana Kiefer, who represents the four female athletes, said that the Second Circuit Court “got it wrong, and we’re evaluating all legal options, including appeal.”
“The 2nd Circuit got it wrong, and we’re evaluating all legal options, including appeal. Our clients—like all female athletes—deserve access to fair competition.”
— Alliance Defending Freedom (@ADFLegal) December 16, 2022
- @ChristianaADF https://t.co/N8UuawKcia
The debate over transgender participation in female sports is also playing out in state legislatures. Eighteen states have passed laws barring male-born athletes from girls’ competitive sports amid growing concern over maintaining a fair playing field for female athletes.
“Thankfully, a growing number of states are stepping up to protect women’s athletics,” said Ms. Kiefer. “Every woman deserves the respect and dignity that comes with having an equal opportunity to excel and win in athletics, and ADF remains committed to protecting the future of women’s sports.”
The ACLU and others have challenged some of the state laws, arguing that the measures are discriminatory.
“Trans student athletes belong on our sports teams and in our schools, and all trans youth should be celebrated and protected for who they are. Today, the courts have once again dismissed this lawsuit seeking to attack trans student athletes,” said Elana Bildner, ACLU Foundation of Connecticut senior staff attorney.
The district court ruled last year that the four plaintiffs, Chelsea Mitchell, Ashley Nicoletti, Alanna Smith and Selina Soule, were not entitled to injunctive relief because Miller and Yearwood graduated in June 2020. The lawsuit was filed in February 2020.
From 2017-19, Miller and Yearwood won 15 girls’ state championship titles between them and displaced female-born competitors from more than 85 competition slots, according to the complaint.
• Valerie Richardson can be reached at vrichardson@washingtontimes.com.
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