Appeals Court Reinstates Challenge to CT Policy Allowing Trans Athletes in Girls Sports
The Second Circuit Court of Appeals has reinstated a lawsuit filed by four female track and field athletes who are challenging their athletic conference's policy that allows males who identify as females to compete based on their gender identity.
Soule v. Connecticut Association of Schools claims the conference's policy violates Title IX and the Second Circuit ruling now allows the case to proceed in federal district court.
Now, Selina Soule, Chelsea Mitchell, Alanna Smith, and Ashley Nicoletti, who suffered defeats because of the Connecticut Interscholastic Athletic Conference's policy, will have an opportunity for a ruling in favor of "fairness and equal opportunities for female athletes under Title IX," according to their attorneys with Alliance Defending Freedom (ADF), a non-profit legal group.
"Our dream is not to come in second or third place, but to win fair and square," Mitchell said in 2020 when the lawsuit was filed. "All we're asking for is a fair chance." "Mentally and physically, we know the outcome before the race even starts," Smith added. "That biological unfairness doesn't go away because of what someone believes about gender identity. All girls deserve the chance to compete on a level playing field."
In 2017, two male athletes began competing in Connecticut girls' high school track.
In just three years, those two males broke 17 girls' track meet records, deprived girls of more than 85 opportunities to advance to the next level of competition, and took 15 women's state track championship titles, according to ADF.
Four of those championship titles were earned by Mitchell.
Throughout her high school career, Mitchell lost to these males more than 20 times.
The other female athletes represented in this case all likewise have been denied medals, placements, or advancement opportunities because of the male athletes competing on their teams.
"Forcing girls to be spectators in their own sports is completely at odds with Title IX, a federal law designed to create equal opportunities for women in education and athletics," said Christiana Holcomb, an attorney with Alliance Defending Freedom, which is representing the girls. "Connecticut's policy violates that law and reverses nearly 50 years of advances for women."
***Please sign up for CBN Newsletters and download the CBN News app to ensure you keep receiving the latest news from a distinctly Christian perspective.***
A coalition of athletes, Olympians, coaches, sports officials, 23 states, and several athletic and advocacy organizations rallied in support of female athletes and their rights under Title IX by filing 12 friend-of-the-court briefs with the 2nd Circuit.
"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," Judge Alison Nathan based in Manhattan wrote on Friday.
The case will be returned to U.S. District Judge Robert Chatigny, who earlier dismissed the claim on procedural grounds, back in April, National Review reports.
"Selina, Chelsea, Alanna, and Ashley—like all female athletes—deserve access to fair competition. The CIAC's policy degraded each of their accomplishments and scarred their athletic records, irreparably harming each female athlete's interest in accurate recognition of her athletic achievements," said ADF Senior Counsel Roger Brooks.
"The en banc 2nd Circuit was right to allow these brave women to make their case under Title IX and set the record straight. This is imperative not only for the women who have been deprived of medals, potential scholarships, and other athletic opportunities but for all female athletes across the country," Brooks continued.
Riley Gaines, a former female college swimmer who was forced to compete against a biological male, spoke out about the lawsuit on X.
WATCH: @Riley_Gaines_ breaks down the huge win for #WomensSports!
— Independent Women's Forum (@IWF) December 18, 2023
The Court of Appeals revived a lawsuit challenging the Connecticut high school sports association’s policy of allowing biological men to compete in girls’ sports. This lawsuit is paramount in protecting… pic.twitter.com/oTqUbhbAKx
Meanwhile, the American Civil Liberties Union (ACLU) and the ACLU of Conneticut said in a joint statement, “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."
