Hartford Courant

Case challengin­g transgende­r athletes policy to be heard again

- By Lori Riley

The Second U.S. Circuit Court of Appeals in New York City will rehear the case involving the Connecticu­t Interschol­astic Athletic Conference’s transgende­r policy with a full panel of judges after a panel of three judges upheld the CIAC’S policy in December.

Attorneys for cisgender girls who filed a lawsuit, had appealed to the court to change the records and results of track races in which transgende­r female runners had participat­ed. The court ruled that claims that the cisgender girls were denied opportunit­ies were moot and unfounded, citing that on numerous occasions the cisgender girls had beaten the transgende­r girls.

Christiana Kiefer, senior counsel for the Alliance Defending Freedom, a conservati­ve Christian law firm representi­ng Chelsea Mitchell of Canton, Selina Soule of Glastonbur­y, and Alanna Smith and Ashley Nicoletti of Danbury, said she was pleasantly surprised that the court decided to revisit the case.

“It was a little bit of a surprise to all of us because neither of the parties requested it,” Kiefer said Tuesday. “The court, of its own accord, looked at the prior decision and said, ‘We need to revisit this.’

“We think it’s a great sign. We think the panel really got it wrong and did not correctly understand that missed opportunit­ies and wrong records do give our clients standing to make their full case in court.”

The CIAC had no comment on the developmen­t.

The ACLU represente­d transgende­r female athletes Terry Miller and Andraya Yearwood.

“We look forward to defending fairness and equality in sports on behalf of Andraya and Terry,” Joshua Block, senior staff attorney for the ACLU LGBTQ & HIV Project, said in a statement. “As the initial ruling found, cisgender girls lose nothing from the participat­ion

of transgende­r girls and Connecticu­t’s policy simply recognizes the right of all student athletes to equal participat­ion and protection under Title IX.

“We’ll gladly make that case again and are hopeful the full court will reach the same conclusion.”

There has been no date set for the hearing.

The athletes initially

sued the CIAC and local schools over the organizati­on’s policy allowing transgende­r female athletes to compete against cisgender females.

In April 2021, U.S. District Court Judge Robert Chatigny dismissed the lawsuit filed by the plaintiffs on procedural grounds. The lawsuit was filed in federal court and sought to halt transgende­r female athletes Miller and Yearwood from participat­ing in girls high school sports in

Connecticu­t.

All the athletes involved in the case have graduated high school.

Miller, Mitchell and Yearwood competed against each other in indoor and outdoor track from 2018-2020 and Mitchell and Miller had a number of high-stakes races against each other.

Miller, of Bloomfield, won State Open outdoor track titles in the 200 meters in 2018 and 2019 and in the 100 meters in 2018. Mitchell, of Canton,

won the 2019 State Open 100-meter title after Miller false-started and was disqualifi­ed. In 2019, Miller beat Mitchell for the Class S outdoor titles in the 100 and 200. In 2020, at the State Open indoor championsh­ips, Mitchell beat Miller (who finished third) for the 55-meter title after Miller beat Mitchell for the Class S 55-meter championsh­ip the previous week.

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