Transgender Athletes Lawsuit Expands to Include Trump Administration
Context
Current State Laws and Lawsuits:
- New Hampshire has a law prohibiting transgender athletes from participating in girls’ sports.
- Two transgender athletes, Parker Tirrell and Iris Turmelle, filed a lawsuit challenging this law.
Trump Administration’s Intervention
Executive Orders:
- President Donald Trump signed an executive order on February 5, 2021, titled "No Men in Women’s Sports."
- The order prohibits federal funding for educational institutions that allow biological males to compete on women’s sports teams.
Impact on Lawsuit:
- A federal judge granted a request to add the Trump administration to the list of defendants in the lawsuit against New Hampshire’s law.
- The plaintiffs allege that the executive order violates Title IX and equal protection guarantees.
Legal Arguments
Discrimination Claims:
- The plaintiffs claim that the executive order discriminates against transgender girls by subjecting them to a blanket exclusion from girls’ sports.
- They argue that this violates the Equal Protection Clause of the Fourteenth Amendment.
Title IX Violations:
- Title IX prohibits discrimination based on sex in educational programs receiving federal funding.
- The plaintiffs argue that the executive order violates Title IX by creating a discriminatory distinction between biological males and transgender females.
Threats to Federal Funding:
- The plaintiffs also allege that the executive order unlawfully subjects their schools to the threat of losing federal funding for allowing them to play sports.
- They argue that this coerces schools into violating their rights.
Additional Legal Actions
Second Lawsuit:
- Parents Kyle Fellers and Anthony Foote filed a separate lawsuit against the Bow School District in New Hampshire.
- They allege that they were banned from school grounds for wearing wristbands that read "XX" in support of their daughters, who were participating in a soccer game against a team with a transgender player.
Reactions and Perspectives
LGBTQ+ Advocacy Groups:
- Advocates for LGBTQ+ rights condemn the Trump administration’s executive orders as discriminatory and harmful to transgender youth.
- They argue that transgender athletes should be allowed to participate in sports consistent with their gender identity.
School Districts and Educational Institutions:
- Some school districts and educational institutions have expressed concerns about the implementation of the executive order.
- They argue that it could create safety issues for transgender students and interfere with their educational opportunities.
Government Officials:
- The Biden administration has since revoked the "No Men in Women’s Sports" executive order.
- The Justice Department has also withdrawn its legal support for the New Hampshire law banning transgender athletes from girls’ sports.
Ongoing Developments
The legal challenges to the Trump administration’s executive orders and state laws banning transgender athletes from girls’ sports are ongoing. The courts will ultimately determine whether these actions violate the rights of transgender students and conflict with federal law. The outcome of these cases will have significant implications for the participation of transgender athletes in high school and college sports.
