In a recent turn of events, a U.S. appeals court has breathed new life into a lawsuit brought by former female high school track team members. The lawsuit challenges a Connecticut policy allowing transgender girls to participate in girls’ sports teams.
The full 2nd U.S. Circuit Court of Appeals in Manhattan ruled on Friday that the four women have the standing to pursue their claims against the policy. These claims assert that the policy, by requiring them to compete with two transgender sprinters, deprived them of victories and athletic opportunities.
The court, led by Circuit Judge Alison Nathan, did not delve into the merits of the claims but rather focused on whether the plaintiffs had the right to bring them. Judge Nathan remarked, “Plaintiffs plausibly allege that directing Defendants to alter public athletic records … could at least provide Plaintiffs with the publicly recognized titles and placements they would have received if (transgender athletes) had not competed.”
This development comes against the backdrop of a broader political landscape where Republican-led states are actively seeking to prohibit transgender athletes from participating in teams or sports aligning with their gender identities. In response, the Biden administration has proposed restrictions on schools enacting outright bans on transgender athletes joining teams.
The Connecticut Interscholastic Athletic Conference (CIAC), the governing body for high school sports in the state, and several school districts named in the lawsuit have yet to provide comments, as their legal representatives remain silent.
The Alliance Defending Freedom, a conservative legal group representing the plaintiffs, hailed the court’s decision as a crucial victory for female athletes nationwide. The plaintiffs argue that CIAC’s 2013 policy, which compelled them to compete against transgender girls, violates a federal law designed to ensure equal opportunities for women in education and athletics. Their objective is to nullify the policy and revise race records to exclude transgender competitors.
In a previous ruling, a three-judge panel of the 2nd Circuit last year sided with a federal judge who believed the plaintiffs had not demonstrated deprivation of opportunities, given their regular participation in state track championships, some of which they won. However, the full court has decided to revisit the case, indicating a continuing and contentious legal battle.
