A federal appeals court dismissed a challenge to Connecticut’s policy of allowing transgender girls to compete in girls’ high school sports, rejecting arguments by four cisgender runners who claimed the state’s trans-inclusive sports policy violated their civil rights. It deprived them of a “chance to be champions.”
Alliance Defending Freedom- the conservative nonprofit that represented Selina Soule, Chelsea Mitchell, Alanna Smith, Ashley Nicoletti, and their mothers- argued their case at the Second Circuit Court of Appeals in September.
While ADF lawyers said they are evaluating their options to appeal the decision, the case could be the first in the nation to allow the Supreme Court to weigh in on transgender students’ rights to play on teams that match their gender identity.
Soule v. Connecticut Association of Schools, Inc. dismissed in 2021
Soule v. Connecticut Association of Schools, Inc., filed in 2020, argued that Connecticut’s high school sports authority and five school boards violated Title IX by allowing transgender students to participate on women’s sports teams.
A federal judge in April 2021 dismissed the lawsuit, saying the girls’ request to block the policy was moot because the two transgender athletes mentioned in the suit graduated in 2020 and there was “no indication” that the plaintiffs would again compete against trans athletes in the state.
The district court also said the plaintiffs lacked the procedural threshold- known as standing- needed to bring the suit.
Second Circuit Court of Appeals upholds lower court’s decision
In its Friday ruling, a three-judge panel of the Second Circuit Court of Appeals in New York City affirmed the lower court’s decision, writing in a scathing 29-page ruling that the plaintiffs’ claim that the Connecticut Interscholastic Athletic Conference’s policy put them at a competitive disadvantage was unfounded.
The panel said the four cisgender athletes lacked standing to sue- partly because their claims that they were deprived of wins, state titles, and athletic scholarship opportunities were 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,” the decision said. “And, on numerous occasions, Plaintiffs were true ‘champions,’ finishing first in various events, even sometimes when competing against (transgender athletes).”
‘A critical victory’
The American Civil Liberties Union defended the two transgender athletes at the center of the lawsuit- Terry Miller and Andraya Yearwood.
ACLU lawyer Joshua Block said in a statement: “Today’s ruling is a critical victory for fairness, equality, and inclusion.”
“This critical victory strikes at the heart of political attacks against transgender youth while helping ensure every young person has the right to play,” Block added.
Transgender athletes’ ability to compete in sports is the subject of a continuing national debate. At least 12 Republican-led states have passed laws banning transgender women or girls in sports based on the premise it gives them an unfair competitive advantage.
Transgender rights advocates counter such laws aren’t just about sports but another way to demean and attack transgender youth.