The US Court of Appeals for the Second Circuit ruled Friday that four cisgender girls do not have standing to challenge the Connecticut Interscholastic Athletic Association’s (CIAC) policy, which allows transgender athletes to compete in sports according to their gender identity. Judge Denny Chin authored the opinion from the three-judge panel.
The court held that the cisgender girls do not have standing to sue over the policy because the policy did not deny them the opportunity to compete in their sports competitions. The court also ruled that the harm of losing out on possible future employment was too speculative. Lastly, the court ruled that the policy did not violate Title IX of the Education Amendments of 1972, which prohibits discrimination on the basis of sex, sexual orientation, and gender identity in educational institutions and programs receiving federal funding
The lawsuit arose in 2020. Four cisgender girls competed in track-and-field events against two transgender athletes in the spring of 2019 and argued that they lost because of the policy. Additionally, the girls argued that the policy deprived them of “a chance to be champions.” The Alliance Defending Freedom (ADF), the legal organization “committed to protecting religious freedom, free speech, the sanctity of life, parental rights, and God’s design for marriage and family,” represented the girls in the case. After the ruling, ADF Senior Counsel Christiana Kiefer stated:
The 2nd Circuit got it wrong, and we’re evaluating all legal options, including appeal. Our clients—like all female athletes—deserve access to fair competition. Thankfully, a growing number of states are stepping up to protect women’s athletics. Right now, 18 states have enacted laws that protect women and girls from having to compete against males, and polls show that a majority of Americans agree that the competition is no longer fair when males are permitted to compete in women’s sports.
In response to the decision, ACLU of Connecticut Attorney Elana Bildner stated:
Trans student athletes belong on our sports teams and in our schools, and all trans youth should be celebrated and protected for who they are. Today, the courts have once again dismissed this lawsuit seeking to attack trans student athletes. The record shows that our clients played by the rules, and the court agreed.