A decision by a federal judge to throw out a Connecticut case over boys who competed in girls’ sports in high school will be appealed, confirmed officials with the Alliance Defending Freedom, who have represented the girls.
The Washington Examiner said Judge Robert Chatigny threw out the case brought on behalf of several biologically female athletes because the males who competed against them, and beat them, have graduated.
“Defendants’ counsel have represented that they know of no transgender student who will be participating in girls’ track at that time,” the judge concluded. “It is still theoretically possible that a transgender student could attempt to do so.”
He said if that happens, there could be a reason to restore the case.
“Competition is no longer fair when males are permitted to compete in girls’ sports,” said Christiana Holcomb, a lawyer for the ADF. “Males will always have inherent physical advantages over comparably talented and trained girls; that’s the reason we have girls’ sports in the first place.”
Last year, then-Attorney General William Barr filed a statement of interest in the case, supporting the girls. Joe Biden, however, immediately moved to strip the girls of the administration’s support.
The athletes include Selina Soule, Alanna Smith and Chelsea Mitchell.
The ADF explained Congress adopted Title IX in 1972 to secure equal educational opportunities for women. The move vastly expanded the opportunities for girls and women to compete in athletics.
But the ADF said leftist activists have distorted the meaning of the word “sex,” presuming Congress 50 years ago believed that to be sex or gender identity, and now are demanding males be allowed to compete with females if they say they identify as female.
But, the ADF said, “males have obvious physical advantages and have deprived girls in Connecticut repeatedly of championship titles and opportunities to advance to the next level of competition.”
“Title IX guarantees equal opportunity in girls’ sports. But the [Connecticut] policy ignores the real physical differences between the sexes and makes it harder for girls to chase their athletic dreams. That’s why Alliance Defending Freedom filed a lawsuit challenging this policy: After all, our laws and policies should reflect the biological reality that men and women are different, not ignore it,” the ADF explained.
The Department of Education, under President Trump, said, “The actions of the CIAC, Glastonbury, Bloomfield, Hartford, Cromwell, Canton, and Danbury [schools] resulted in the loss of athletic benefits and opportunities for female student-athletes. One complainant student-athlete explained to OCR that no matter how hard she trained, she felt that she could never be good enough to defeat Students A and B [boys who had been allowed to compete in girls’ events].”
The agency said the female students “were denied the opportunities that Connecticut male student-athletes had of being able to compete, on a level playing field, for the benefits that flow from success in competitive athletics.”
The girls lost more than 80 opportunities to participate in higher levels of competition because of the boys, the letter said.
Biden immediately reversed the government’s stated position, however.
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