


A federal appeals court will allow the case of four female athletes challenging Connecticut’s policy that permits transgender students to compete on girls' teams to continue.
The U.S. Court of Appeals for the 2nd Circuit reinstated the lawsuit filed by four cisgender female former high school athletes, declaring they have the standing to challenge the policy. The women seek a merits ruling under Title IX, which prohibits sex discrimination in education.
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“Plaintiffs plausibly allege that directing Defendants to alter public athletic records related to the particularized injury they allege could at least provide Plaintiffs with the publicly recognized titles and placements they would have received if Intervenors had not competed and finished ahead of Plaintiffs in specific races,” circuit Judge Alison Nathan wrote.
Last December, a federal appeals court upheld a lower court judge’s rejection of the lawsuit challenging the policy. But now that the case has been revived, Soule v. Connecticut Association of Schools will proceed in federal district court.
Ten years ago, the Connecticut Interscholastic Athletic Council passed an order allowing transgender student-athletes to participate in athletic programs that align with their gender identity.
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Following the decision, the American Civil Liberties Union released a statement in defense of the two transgender athletes in the lawsuit, saying the two sprinters, Terry Miller and Andraya Yearwood, frequently outperformed their competitors.
“Today’s narrow decision lays a strong foundation for the district courts to reject these baseless claims on the merits. We look forward to continuing our fight for equality and fairness for all girls, cisgender and transgender alike,” the ACLU and the ACLU of Connecticut said.