Federal court dismisses ACLU lawsuit challenging Indiana transgender sports law

A federal court threw out a legal challenge Wednesday against an Indiana law barring biological males from girls’ scholastic sports after the student being represented transferred schools.

The U.S. District Court for the Southern District of Indiana dismissed the case and vacated the temporary injunction issued in July against the 2022 law, which prohibits males who identify as females from playing K-12 sports on girls’ teams.

The lawsuit was filed last year against the Indianapolis Public Schools on behalf of A.M., a 10-year-old student who was prohibited under the law from playing softball on the girls’ team, but the student has since transferred to a charter school.

“A.M. has recently enrolled in a charter school that is not operated by defendant Indianapolis Public Schools,” said the court order. “Accordingly, this matter is now moot and the parties agree that this case should be dismissed, with each party to pay its own costs and attorneys’ fees.”

The decision to drop the case means the law is now in effect, said a spokesperson for Indiana Attorney General Todd Rokita.

“HEA 1041 was put in place to ban males from competing on female sports teams,” said the spokesperson in an email. “This is an important step in protecting youth sports. Athletics are a core part of our kids’ development and growth.”

The spokesperson concluded: “Allowing males to compete with females creates an unsafe and unfair atmosphere for young female athletes working to improve their athletic prowess.”

Despite filing to dismiss the case, the ACLU of Indiana said it stands by its argument that the law violates Title IX and the Equal Protection Clause, and encouraged any transgender students being barred from girls’ sports to contact the organization.

“We filed to dismiss our case on behalf of a trans athlete in IPS schools solely due to individual circumstances regarding our client’s recent transfer to another school district,” said the ACLU. “If a trans student is being told they cannot participate on a public school sports team, they should reach out to the ACLU of Indiana immediately.”

The measure, known as House Enrolled Act 1041, became law in May after the GOP-led state legislature overrode the veto of Republican Gov. Eric Holcomb.

Alliance Defending Freedom, which had filed a friend-of-the-court brief in support of the law, said the dismissal represents a win for female athletes.

“Biological distinction in sports is not just common sense, it is necessary to ensure girls can continue to play the sports they love on a fair and level playing field,” said ADF legal counsel Rachel Csutoros. “Indiana joins a growing coalition of states that has enacted laws to preserve fair competition for female athletes. We’re pleased to favorably close this case to the benefit of the brave female athletes we represent who are speaking out to protect the future of women’s sports.”

VICTORY: The ACLU withdrew its lawsuit challenging Indiana’s law that protects athletic opportunities for girls.

This is a 2nd win for #WomensSports in 2023.🎉

— Alliance Defending Freedom (@ADFLegal) January 18, 2023

The Indiana dismissal comes as the second court victory this month for foes of biological males in female athletics.

Earlier this month, a U.S. District Court judge upheld West Virginia’s Save Women’s Sports Act, which separates sports based on sex and defines a person’s sex as their sex at birth, the first federal decision on the constitutionality of such measures.

Eighteen states have passed laws declaring biological males ineligible for female sports, and several have been challenged in court.

The Indiana bill was sponsored by Republican state Rep. Michelle Davis, a former Division I athlete and a member of the Indiana Basketball Hall of Fame.