A lawsuit from three female track and field athletes against competing with transgender athletes has been revived by the Second Circuit Court of Appeals.
A federal court this month dismissed the case roughly three years after the track and field athletes filed a lawsuit in 2020 against Connecticut’s policy of permitting “transgender women” to compete based on gender identity. On Monday, Judge Alison Nathan ruled that the plaintiffs had a plausible case.
“Plaintiffs plausibly allege that directing Defendants to alter public athletic records related to the particularized injury they allege could at least provide Plaintiffs with the publicly recognized titles and placements they would have received if Intervenors had not competed and finished ahead of Plaintiffs in specific races,” wrote the judge.
The three plaintiffs have argued that the state’s policy of allowing biological men into women’s sports subjects them to unfair injury in certain running events that eventually excludes them from qualifying for championship titles and scholarship opportunities. The Connecticut Interscholastic Athletic Conference (CIAC) revised its policies in 2017 to include transgender people.
“Our dream is not to come in second or third place, but to win fair and square,” plaintiff Chelsea Mitchell said at the time. “All we’re asking for is a fair chance.”
“Mentally and physically, we know the outcome before the race even starts,” added plaintiff Alanna Smith. “That biological unfairness doesn’t go away because of what someone believes about gender identity. All girls deserve the chance to compete on a level playing field.”
Christiana Holcomb, an attorney with Alliance Defending Freedom, said the fact that the policy essentially forces girls to become “spectators in their own sports is completely at odds with Title IX, a federal law designed to create equal opportunities for women in education and athletics.”
“Connecticut’s policy violates that law and reverses nearly 50 years of advances for women,” said Holcomb.
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