The Day

Judge hears arguments in lawsuit over transgende­r school athletes

- By PAT EATON-ROBB

Lawyers for several school districts and the organizati­on that oversees high school sports in Connecticu­t went before a federal judge Friday seeking the dismissal of a lawsuit that would prevent transgende­r girls in the state from competing in girls' sports.

The lawsuit was filed a year ago by several cisgender runners who argue they have been deprived of wins, state titles and athletic opportunit­ies by a state policy that allowed two transgende­r sprinters to compete against them.

The Connecticu­t Interschol­astic Athletic Council has said its policy is designed to comply with a state law that requires all high school students be treated according to their gender identity.

“Running has been so important for my identity, my growth as a person, and my ability to survive in a world that discrimina­tes against

me,” Andraya Yearwood, one of the two transgende­r runners at the center of the case, wrote to the court last year. “I am thankful that I live in Connecticu­t where I can be treated as a girl in all aspects, of life and not face discrimina­tion at school.”

The arguments conducted during a video conference hearing Friday centered around Title IX, the federal law that requires equal opportunit­ies for women and girls in education, including sports.

Defense attorney Joshua Block argued the CIAC policy doesn’t deny any girl a meaningful opportunit­y to participat­e in sports, but that overturnin­g it would violate the Title IX rights of transgende­r girls.

“No court, no agency has ever defined a participat­ion opportunit­y as winning an equal number of trophies,” he argued. “The plaintiffs in this case are accomplish­ed athletes who have gained a great deal from the athletic opportunit­ies offered them and they’ve won national acclaim from that, but there’s room enough on the podium for everyone. And accommodat­ing the interests of these particular athletes doesn’t require schools to shove aside girls who are transgende­r and deny them participat­ion opportunit­ies too.”

The plaintiffs argue that the rights of cisgender girls under Title IX are being violated in Connecticu­t by being forced to compete against what they term “biological males.”

Plaintiff attorney Roger Brooks, from the conservati­ve Alliance Defending Freedom, argued that the law guarantees girls “equal quality” of competitio­n, which he said is denied by having to race people with what he described as inherent physiologi­cal advantages.

“Participat­ion isn’t enough. Meaningful experience isn’t enough,” he said. “Title IX guarantees our daughters equal chances to be champions.”

Brooks argued that the transgende­r sprinters improperly won 15 championsh­ip races between 2017 and 2020 and cost cisgender girls the opportunit­y to advance to other races 85 times.

Sprinter Chelsea Mitchell, a plaintiff who now runs collegiate­ly at William & Mary, spoke after the hearing and described what she called the demoralizi­ng effects of the CIAC policy. She said losing races to trans runners cost her awards, including several state championsh­ips.

“No girl should have to settle into her starting blocks knowing that no matter how hard you work, you don’t have a fair shot at victory,” she said.

The Trump administra­tion’s Justice Department and the Education Department’s Office for Civil Rights had sided with the plaintiffs. But the Biden administra­tion withdrew that support earlier this week.

The Trump administra­tion’s interventi­on in the case last year came as state legislatur­es around the country debated restrictin­g transgende­r athletes’ participat­ion to their gender assigned at birth.

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