Here We Go: Judge Dismisses Lawsuit That Sought to Ban Biological Males Who Identify as Females from Competing in Girls’ High School Sports in Connecticut

In this Feb. 7, 2019 file photo, Bloomfield High School transgender athlete Terry Miller, second from left, wins the final of the 55-meter dash over transgender athlete Andraya Yearwood, far left, and other runners in the Connecticut girls Class S indoor track meet at Hillhouse High School in New Haven. (Pat Eaton-Robb/AP)

U.S. District Court Judge Robert Chatigny has dismissed on procedural grounds a lawsuit filed in federal court against the Connecticut Interscholastic Athletic Conference, which sought to halt transgender female athletes from participating in girls high school sports in Connecticut, but the plaintiffs say they will appeal the ruling.

“I conclude that the plaintiffs’ challenge to the CIAC policy is not justiciable at this time and their claims for monetary relief are barred and dismiss the action on this basis without addressing the other grounds raised in the joint motion,” Chatigny wrote in a ruling released Sunday.

Chatigny stated that because the two transgender athletes, Terry Miller of Bloomfield and Andraya Yearwood of Cromwell, have graduated and the plaintiffs could no longer identify any other transgender female athletes, there was no further dispute to resolve.

Chatigny left open the possibility of a new challenge if additional transgender athletes were to compete during the coming year.

“I conclude that the request to enjoin enforcement of the CIAC policy has become moot due to the graduation of Yearwood and Miller, whose participation in girls’ track provided the impetus for this action,” he wrote. “There is no indication that [two of the plaintiffs Alanna] Smith and [Ashley] Nicoletti will encounter competition by a transgender student in a CIAC-sponsored event next season.

“Defendants’ counsel have represented that they know of no transgender student who will be participating in girls’ track at that time. It is still theoretically possible that a transgender student could attempt to do so. Even then, however, a legally cognizable injury to these plaintiffs would depend on a transgender student running in the same events and achieving substantially similar times. Such ‘speculative contingencies’ are insufficient to satisfy the case.”

The CIAC released a statement on Monday saying it was pleased with the U.S. District Court’s decision to dismiss the lawsuit challenging the CIAC’s inclusive athletic participation policy.

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SOURCE: Hartford Courant, Lori Riley

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