Opponents of Connecticut’s policy letting transgender girls compete in girls high school sports will get a second chance to challenge it in court, an appeals court ruled Friday, which revived the case without weighing in on its merits.
Both sides called it a win. The American Civil Liberties Union said it welcomes a chance to defend the rights of the two transgender high school track runners it represents. The Alliance Defending Freedom, which represented the four cisgender athletes who brought the lawsuit, also said it looks forward to seeking a ruling on the case’s merits.
In a rare full meeting of all active judges on the 2nd U.S. Circuit Court of Appeals in Manhattan, judges found the cisgender runners have standing to sue and have described injuries that might qualify for monetary damages. The runners also seek to alter certain athletic records, alleging they were deprived of honors and opportunities at elite track-and-field events because they say “male athletes” were permitted to compete against them.
The case had been dismissed by a Connecticut judge in 2021, and that decision was affirmed by three-judge panel of the 2nd Circuit a year ago.
At least 20 states have approved a version of a blanket ban on transgender athletes playing on K-12 and collegiate sports teams statewide, but a Biden administration proposal to forbid such outright bans is set to be finalized by March after two delays and much pushback. As proposed, the rule announced in April would establish that blanket bans would violate Title IX, the landmark gender-equity legislation enacted in 1972.
Hellbound and Down 