Opponents of Connecticut’s policy letting transgender girls compete in girls high school sports will get a second chance to challenge it in court, an appeals court ruled Friday, which revived the case without weighing in on its merits.

Both sides called it a win. The American Civil Liberties Union said it welcomes a chance to defend the rights of the two transgender high school track runners it represents. The Alliance Defending Freedom, which represented the four cisgender athletes who brought the lawsuit, also said it looks forward to seeking a ruling on the case’s merits.

In a rare full meeting of all active judges on the 2nd U.S. Circuit Court of Appeals in Manhattan, judges found the cisgender runners have standing to sue and have described injuries that might qualify for monetary damages. The runners also seek to alter certain athletic records, alleging they were deprived of honors and opportunities at elite track-and-field events because they say “male athletes” were permitted to compete against them.

The case had been dismissed by a Connecticut judge in 2021, and that decision was affirmed by three-judge panel of the 2nd Circuit a year ago.

At least 20 states have approved a version of a blanket ban on transgender athletes playing on K-12 and collegiate sports teams statewide, but a Biden administration proposal to forbid such outright bans is set to be finalized by March after two delays and much pushback. As proposed, the rule announced in April would establish that blanket bans would violate Title IX, the landmark gender-equity legislation enacted in 1972.

Under the proposal, it would be much more difficult for schools to ban, for example, a transgender girl in elementary school from playing on a girls basketball team. But it would also leave room for schools to develop policies that prohibit trans athletes from playing on more competitive teams if those policies are designed to ensure fairness or prevent sports-related injuries.

In a statement Friday, the American Civil Liberties Union and the ACLU Foundation of Connecticut cast the ruling as a victory for the two runners they represent — Andraya Yearwood and Terry Miller — noting that the 2nd Circuit wrote that the transgender runners have an “ongoing interest in litigating against any alteration of their public athletic records.”

Roger Brooks, a lawyer for the Alliance Defending Freedom, said the decision was a victory “not only for the women who have been deprived of medals, potential scholarships, and other athletic opportunities, but for all female athletes across the country.”

In 2020, the Alliance sued on behalf of four athletes — Selina Soule, Chelsea Mitchell, Alanna Smith, and Ashley Nicoletti — over a Connecticut Interscholastic Athletic Conference policy that allows transgender girls to compete in girls’ athletic events.

Three of 15 judges who heard arguments earlier this year fully dissented on Friday, while five other judges dissented to portions of the majority ruling.

In a dissent to the majority ruling, Circuit Judge Denny Chin noted that three of the cisgender athletes alleged that only one track event in their high school careers were affected by the participation of transgender athletes while a fourth athlete alleged that four championship races were affected.

In a footnote, Chin wrote that all four plaintiffs currently compete on collegiate track-and-field teams, some after being awarded scholarships, while neither of the transgender athletes who intervened in the case have competed since high school.

And he pointed out that no one was able to cite any precedent in which a sports governing body retroactively stripped an athlete of accomplishments when the athlete complied with all existing rules and did not cheat or take an illegal substance.

“It is not the business of the federal courts to grant such relief,” Chin said.

Leave a Reply

Your email address will not be published. Required fields are marked *

You May Also Like
Record-breaking daredevil who performed at Super Bowl with Madonna dies in BASE jumping tragedy

Record-Breaking Stunt Performer Who Appeared at Super Bowl With Madonna Dies in BASE Jumping Accident

A record-setting extreme athlete who once appeared with Madonna during the Super…
"Star Wars" lightsaber, "Wizard of Oz" witch hat and more iconic film props going up for auction

Iconic Movie Props Head to Auction: Star Wars Lightsaber, Wizard of Oz Witch Hat and More

A lightsaber tied to one of the most unforgettable moments in George…
BASE jumping accident kills 2 including extreme athlete Andy Lewis, who performed with Madonna at Super Bowl

Andy Lewis Among 2 Killed in BASE Jumping Accident; Madonna Super Bowl Performer Dead at 37

Two people were killed in a BASE jumping accident over the weekend…
Alaska woman uses weapon to survive terrifying bear attack after predator mauls pooch: 'I thought I was dead'

Alaska Woman Fights Off Bear Attack With Weapon After Dog Is Mauled: “I Thought I Was Dead”

A mushroom-foraging trip on Alaska’s Kenai Peninsula took a frightening turn earlier…
Why the millionaire co-founder of e.l.f. Cosmetics left his beauty empire to become a Catholic priest

Why e.l.f. Cosmetics’ Millionaire Co-Founder Walked Away From Business to Become a Catholic Priest

Scott Vincent Borba helped build e.l.f. Cosmetics into a major beauty brand,…
South Carolina personal trainer goes missing, last spotted walking toward wooded area

South Carolina Personal Trainer Reported Missing After Last Seen Heading Toward Wooded Area

A South Carolina woman has been missing since last week after she…
Iran says the deal to end the war with the US requires Israel to withdraw from Lebanon

Iran Says Any US War-Ending Deal Hinges on Israel’s Withdrawal From Lebanon

DUBAI, United Arab Emirates — Fresh uncertainty is emerging over the still-unpublished…
Mango clothing tycoon’s son named suspect in death of billionaire whose brand stretches across US

Mango Billionaire’s Son Tearfully Told 911 His Father Had Fallen Into a Ravine

A newly released 911 call captures the son of a billionaire fashion…
Chicago shootings this weekend: At least 10 shot, 2 fatally, in gun violence across city, police department says

Chicago Police Officer Shoots One Person in Uptown; Another Civilian Injured on West Argyle Street

Two people were seriously injured Monday evening in Chicago’s Uptown neighborhood, including…
Alderman Sigcho-Lopez believes explosion outside of his Pilsen, Chicago home was 'an act of political violence'

Chicago Alderman Sigcho-Lopez Calls Pilsen Home Explosion “Political Violence” in Shocking Chicago Incident

Chicago Ald. Byron Sigcho-Lopez says the explosion outside his Pilsen home over…
Karmelo Anthony supporter reportedly fired as other backers face backlash over verdict remarks

Karmelo Anthony Backlash Grows as Supporter Is Reportedly Fired Over Verdict Comments

Texas judge defends barring cameras from Karmelo Anthony murder trial Judge John…
Luigi Mangione supporter working for far-left DC mayoral candidate likened to Mamdani

DC Mayoral Campaign Staffer Backing Luigi Mangione Sparks Fresh Mamdani Comparisons

Accused killer Luigi Mangione’s murder trial: Judge to address evidence, jury disputes…