Connecticut Is Testing Ground for Suit to Ban Transgender Athletes From Girls' Sports
A federal judge in Connecticut will decide whether transgender athletes can take part in girls' sports in the wake of a lawsuit filed Wednesday claiming transgender girls have an unfair advantage over athletes assigned female at birth.
February 13, 2020 at 04:31 PM
4 minute read
Attorneys for an Arizona-based conservative nonprofit are pinning their hopes on Title IX, a federal civil rights law, as they make Connecticut the testing ground for whether transgender athletes should be allowed to participate in girls' sports.
The case touches on gender discrimination issues, and an alleged disconnect between federal and state law.
The Alliance Defending Freedom filed suit Wednesday on behalf of three Connecticut high school track and field athletes, represented by their mothers, claiming that transgender athletes have an unfair athletic advantage. The group is pro-life, supports heterosexual marriage and advocates for religious liberty, according to its website. Its clients in the Connecticut case are two high school seniors and one sophomore.
U.S. District Judge Robert Chatigny is adjudicating the case that pits plaintiff-students Selina Soule, Chelsea Mitchell and Alanna Smith against the Connecticut Interscholastic Athletic Conference and several education boards.
|State law versus federal
Christiana Holcomb, legal counsel for the nonprofit and one of four attorneys representing the plaintiff, said they are eager to make Connecticut the test state.
Holcomb noted that 17 other states also allow transgender students to participate in female sports. But she argues that federal law prohibits this, and that Title IX is clear and unambiguous. The entire case, she said, comes down to how the 1972 federal law aimed at curbing sex discrimination against women is interpreted.
"Title IX was passed nearly 50 years ago to protect women and girls from sex discrimination, and to also provide them with equal athletic opportunities," Holcomb said. "What we are seeing in Connecticut is that when you allow biological males to play in the girls' categories across the board, girls lose that level playing field and the benefits and opportunities that Title IX was designed to provide."
By allowing transgender athletes to take part in female athletics, Holcomb claimed, "You are taking away the equal benefits and opportunities for women."
But Connecticut school sports officials deny any such breach.
Glenn Lungarini, executive director of the CIAC, issued a statement saying that before allowing transgender athletes to take part in girls' sports in 2013, the organization had consulted with multiple other agencies. He said it had relied on statements from the Connecticut Commission on Human Rights and Opportunities, the Connecticut State Department of Education, the National Federation of State High School Associations, and other organizations.
"The CIAC believes that its current policy is appropriate both under state and federal law," Lungarini said in an emailed statement. "The CIAC will respond to the lawsuit after we have a chance to review it further."
Now, plaintiffs are gearing for their next step: to see whether the judge grants a preliminary injunction against transgender girls.
Time is of the essence, Holcomb said.
"Selina and Chelsea are seniors and are losing opportunities right now," Holcomb said. "We are in the middle of indoor track season and championships are today and tomorrow and the spring outdoor season starts in March. It is their final opportunity to compete in high school athletics."
Assisting Holcomb are her colleagues attorneys Kristen Waggoner, Roger Brooks and Jeffrey Shafer. Also representing the three plaintiffs are Howard Wood III and James Howard of Manchester-based Fiorentino, Howard & Petrone.
As of Thursday afternoon, the defendants had not assigned attorneys to represent them.
Holcomb said she feels optimistic about securing a victory against the defendants.
"Even though they say it's appropriate, they are violating federal law," she claimed. "And federal law trumps state law."
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