Court Rules Against Biological Females Over Connecticut Transgender Athlete Policy
A three-judge appellate panel on Friday dismissed a challenge to Connecticut's transgender athlete policy, after a group of biological females said it was unfair that they have to race against biological males who identify as female.
In its decision, the 2nd US Circuit Court of Appeals in New York City upheld a lower court judge's dismissal of a lawsuit challenging the policy, brought by four female runners opposed to letting transgender athletes compete in high school sports. According to the judges, the girls lacked standing to sue, calling their claims that they were deprived of wins, state titles and athletic scholarship articles 'speculative.'
"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," reads the ruling. "And, on numerous occasions, Plaintiffs were indeed “champions,” finishing first in various events, even sometimes when competing against (transgender athletes)."
According to the judges, "Plaintiffs simply have not been deprived of a ‘chance to be champions.’"
The Connecticut Interscholastic Athletic Council argued its policy is designed to comply with a state law that requires all high school students be treated according to their gender identity. It also said the policy is in accordance with Title IX, the federal law that allows girls equal educational opportunities, including in athletics.
The American Civil Liberties Union defended the two transgender athletes at the center of the lawsuit — Terry Miller and Andraya Yearwood. -AP
A lawyer for the girls, Christiana Kiefer, said she and other attorneys for the Alliance Defending Freedom are considering how to respond, including a possible appeal to the US Supreme Court to review Friday's decision.
"Our clients, like all female athletes across the country, deserve fair competition," she told AP in a phone interview. "And that means fair and equal quality of competition, and that just does not happen when you’re forced to compete against biological males in their sports."
"The vast majority of the American public recognizes that in order to have fair sports, we have to protect the female category, and I think you’re seeing that trend increasingly with states across the country passing laws to protect women’s sports. ... This is certainly not the end of the road in the fight for fairness for female athletes," Keiver added.
It actually is kind of interesting to have to defend everything self-evidently correct in explicit terms now that everything self-evidently correct has come under attack https://t.co/0ObJ3O7hlJ— Wesley Yang (@wesyang) December 16, 2022
Attorneys on the other side celebrated.
"Today’s ruling is a critical victory for fairness, equality, and inclusion," said ACLU attorney Joshua 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."
In June, a poll conducted by the Washington Post and the University of Maryland found that just 28% of the public supports transgender athletes being allowed to compete in female sports. 68 per cent of respondents believe that trans athletes "would have a competitive advantage over other girls" in youth sports.
As Summit News noted earlier this year, top doctors told the New York Times that transgender swimmer Lia Thomas still has an unfair advantage over biological females despite the athlete having undergone testosterone suppressing therapy.
And in October, female high school athletes in Burlington, Vermont were banned from their own locker room after making complaints to school officials about the inappropriate behavior of a biological male teammate that identifies as trans.
We cannot have biological boys with penises changing next to our daughters in locker rooms, and then have our daughters scolded by the school. This is so backwards. Shame on Vermont!— Caitlyn Jenner (@Caitlyn_Jenner) October 3, 2022