The 2nd District Court of Appeals has now heard the continuing appeal to defend girls’ sports, which centers on four female student athletes.
The controversy over whether or not male athletes who identify as female may play on girls-only sports teams has its roots in the case Soule v. Connecticut Association of Schools.
Alliance Defending Freedom, a conservative legal charity, has lawyers representing the girls in the lawsuit (ADF).
ADF Senior Counsel Roger Brooks stated before the court on Thursday morning, “These young ladies realized that in Connecticut individuals who were born female didn’t have an equal opportunity.”
The fact that their younger sisters saw that others who were born as women like them didn’t have an equal opportunity to win was maybe more worrisome. That goes against the entire foundation of Title IX, he said.
The 1972-adopted Title IX law shields citizens against sex-based discrimination in educational initiatives or programs that receive federal financing.
Four female runners make a statement
Selina Soule, Alanna Smith, Chelsea Mitchell, and Ashley Nicoletti are four female track athletes who are being represented by ADF in a legal action against Connecticut’s regulation allowing transgender athletes to play on high school girls’ sports teams.
The lawsuit claims that the Connecticut Interscholastic Athletic Conference’s (CIAC) decision to allow male athletes to play on female sports teams infringes on Title IX and denies female athletes an equal chance to compete, earn medals, and proceed to finals.
Because male athletes dominated the competition, all of the females were either denied medals and possibilities for promotion, which had a lasting effect.
Mitchell, for instance, would have won the women’s 55-meter indoor track race in the 2019 Connecticut state championships, but the gold medal went to Terry Miller and Andraya Yearwood, two transgender male athletes who finished first and second, instead.
According to Mitchell, as a consequence, she was denied four state titles and additional achievements in all New England categories.
She remarked, “I’m not entirely sure how that would have affected my college recruiting.
Those state victories meant a lot to me, especially at the time. It was quite discouraging and upsetting to train and work so hard to be in the running for a state title yet lose due to biological guys in my race.
In addition to Miller and Yearwood who joined as defendants, the ACLU of Connecticut represented CIAC and its member schools in the lawsuit. They did not reply to CNA’s request for comment.
According to a CIAC representative, the conference declined to comment.
Smith left a regional New England competition with a bronze medal rather than a silver one due to the CIAC regulation since a man won first place.
Because the places were filled by biological men, Smith said, “all the other female athletes weren’t able to progress to the state open or the New England Regional competition.”
For the same reason, Soule missed her chance to qualify for both the meet and the 55-meter sprint, where she had previously qualified.
Soule said, “I was made to stand on the sidelines and witness my own event.”
According to Christiana Kiefer, a senior lawyer for the ADF, men perform on average 10-15% better than women.
Why should females attempt at all? Kiefer enquired. The fact that women’s sports exist at all is due to the fact that we are aware of these physical distinctions.
Future of girls’ sports will face an uphill struggle.
A Connecticut district court judge rejected the children’ complaint earlier in the year after it was filed. Following that, ADF filed an appeal with the 2nd Court of Appeals.
“The district court effectively [says] that the girls’ erroneous records and missed chances didn’t matter by dismissing their complaint. And under Title IX, it is just plain incorrect,” Kiefer added.
Athletes care about records, Kiefer continued. Chelsea Mitchell forfeited four titles for state championships. In a state championship race, she was four times faster than the next-fastest female, but her achievements aren’t recognized in the records. Something has to be done to address it.
The case asks CIAC to dismiss the policy, alter the district’s records to remove males from the scores, and provide the plaintiffs monetary damages.
Since the Title IX violation was so “obvious,” Kiefer said that ADF was “optimistic” the court of appeals would find in their favor.
She said, “But if necessary, we will push this matter as far as it has to go. We hope it won’t be necessary to bring the case to the Supreme Court.”
Biden’s Title IX stance creates confusion
President Biden changed the definition of “sexual orientation or gender identity” under Title IX in June, opening the door for single-sex sports organizations to accept transgender athletes.
Fairness in women’s sports was one of the main goals of Title IX’s initial design.
President Biden’s most recent amendments to Title IX, according to Kiefer, do not augur well for the protection of female-only sports in the future.
According to Kiefer, it “may very well be the beginning of the demise of female athletics.”
ADF, according to Kiefer, considers Biden’s revision of the federal law’s concept of sex to be “illegal.”
“If the government follows through with this, we will see implications and challenging conditions for female athletes, as we saw in the state of Connecticut,” she warned.
ADF was one of several dissident organizations that opposed the administration’s proposed restrictions in a public statement.
In reference to younger female athletes who would compete after her, Soule stated, “I hope that this won’t damage their future and that females will have a fair chance to not just participate but to achieve in the sports that they love.”
“More female athletes will start to stand up so that a change can be achieved sooner,” Smith said.
Mitchell concurred, saying, “The more individuals who speak out on this problem, maybe the sooner it’ll get fixed.”
Just keep working hard to improve your score in the interim. That is all we can truly do till this problem is resolved.