The US Court of Appeals for the Second Circuit Monday ordered the reinstatement of an appeal of a ruling regarding a Connecticut school policy on transgender students’ participation in sports. The ruling dismissed a claim that the Connecticut Interscholastic Athletic Association’s (CIAC) policy, which provides transgender student athletes with an opportunity to participate in athletic programs that are consistent with their gender identity, is discriminatory against girls.
The court’s order showed that the reinstatement was prompted by a poll in which a majority of the active judges on the Second Circuit voted in favor of rehearing the appeal en banc, or in front of the entire court. The original appeal was heard by only three judges.
Senior Counsel at Alliance Defending Freedom Christiana Keifer said she was “pleased the entire Second Circuit has decided to rehear this important case and we urge the court to do the right thing, protect women’s sports.” However, according to the American Civil Liberties Union (ACLU), the Second Circuit originally ruled that “claims that cisgender girls were denied opportunities or championships [were] moot and unfounded.”
The case is an appeal from a judgement by the US District Court for the District of Connecticut, which dismissed a claim that the Connecticut School Policy violated Title IX of the Education Amendments of 1972 on discrimination. The appeals court upheld the decision of the lower court, thus supporting the policy.