Appeals Court to Reconsider Case Against Allowing Transgender Athletes in Female Sports

Selina Soule (L) and Alanna Smith, student-athletes in Connecticut, were plaintiffs in a 2020 lawsuit alleging unfair competition from biological males who identified as transgender females. Alliance Defending Freedom

A federal appeals court has agreed to reconsider a lawsuit that challenged Connecticut’s policy of allowing transgender athletes to compete in girls’ athletic events, which followed an earlier court decision that had ruled against the lawsuit.

The case, brought by legal group Alliance Defending Freedom (ADF), was filed on behalf of four female athletes who claimed that they were consistently deprived of honors and opportunities to compete at elite levels after the Connecticut Interscholastic Athletic Conference (CIAC) adopted a policy of allowing males, who identify as females, to compete in female sporting events. In December 2022, a three-judge panel of the 2nd Circuit ruled against the lawsuit, which led to the appeal. On Feb. 13, the U.S. Court of Appeals for the 2nd Circuit announced that the full court will reconsider the case.

“We’re pleased the 2nd Circuit has decided to rehear this important case, and we urge the court to protect women’s athletic opportunities,” said Christiana Kiefer, a senior counsel at ADF, according to a Feb. 13 press release.

“Eighteen 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.”

Lawsuit Against Female Discrimination

The lawsuit was filed on behalf of Chelsea Mitchell, Selina Soule, Alanna Smith, and Ashley Nicoletti, insisting that the CIAC policy of allowing transgenders to compete in female sports is discriminatory.

Beginning in 2017, two male athletes started competing in Connecticut girls’ high school track events by claiming a female gender identity.

The two male athletes broke 17 records at girls’ track events. As a result, female athletes were deprived of over 85 opportunities to advance to the next level of competition, ADF claims.

In addition, the male athletes also took 15 state track championship titles for women’s events. According to ADF, Mitchell was the fastest female in four of these events. But she couldn’t get the title, honor, and recognition as male athletes secured the top spot. During her high school career, Mitchell lost to males over 20 times.

“The other female athletes represented in this case, Selina Soule, Alanna Smith, and Ashley Nicoletti, all likewise have been denied medals, placements, or advancement opportunities because of the male athletes competing on their team,” said ADF.

In December, the three-judge panel rejected the lawsuit, insisting that discriminating against transgender athletes would amount to a violation of Title IX, which is a federal policy that requires institutions not to discriminate on the basis of sex if they receive funding from the federal government.

Transgenders in Female Sports

A heated debate has been ongoing over including transgenders in female events, with some insisting that such a measure protects equality while others point out that this would be unfair to female competitors.

In March last year, Lia Thomas, a swimmer from the University of Pennsylvania, became the first known transgender athlete to win a women’s NCAA championship, breaking a decade-long record in the process. Thomas had beaten the second-place female swimmer by 7.5 seconds, which is roughly half the pool’s length.

A June 2022 poll by the Washington Post-University of Maryland found that nearly 60 percent of Americans opposed allowing transgenders to participate in college and professional female sports.

House Speaker Kevin McCarthy (R-Calif.) has raised concerns about allowing transgenders to compete in women’s sports and called for protecting female athletics.

“Allowing biological boys to compete in women’s sports is wokeness at its worst. It erases women. It can deprive them of the opportunity to be champions, excel at sports, and earn college scholarships,” McCarthy said in a Feb. 1 tweet.