A federal court will revisit a Connecticut case allowing trans athletes to participate in girls’ high school sports.
The 2nd U.S. Circuit Court of Appeals in New York City agreed to review the case in which female high school athletes were forced to compete against biological males, reports NBC News in Connecticut.
The lawsuit contends that Terry Miller and Andraya Yearwood, who are transgender biological males, finished at or near the top in high school track meets.
Two months ago, a three-judge panel of the court threw out the lawsuit brought by four female athletes who claimed the policy allowing transgender athletes to compete in women’s sports “disproportionally disadvantages” the girls.
The panel disagreed, saying the transgender policy didn’t “intentionally” discriminate against the female athletes.
But this time around, the whole court of 13 judges, including five judges appointed by Trump, will review the case.
“Girls deserve to compete on a level playing field. Forcing them to compete against boys isn’t fair, shatters their dreams and destroys their athletic opportunities,” said Alliance Defending Freedom (ADF) attorney Christiana Holcomb, who is representing the plaintiffs.
“Having separate boys and girls sports has always been based on biological differences, not what people believe about their gender, because those differences matter for fair competition. And 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,” added Holcomb, according to a report from Fox News.
Title IX, which became law in 1972, prohibits sex-based discrimination in education programs that receive federal funding.
Ironically, both sides argue that Title IX supports their position.
Proponents of transgender athletes say Title IX guarantees transgender participation in women’s competitions, a claim quickly dismissed by critics, who say Title IX protects biological “sex,” not gender identity.
ADF said it is pleased that the court will take up the case again.
“Every woman deserves the respect and dignity that comes with having an equal opportunity to excel and win in athletics, and ADF remains committed to protecting the future of women’s sports,” said ADF attorney Christiana Kiefer, NBC News Connecticut reported.