ACLU, ACLU Foundation of CT Defend Inclusive Athletics Policy on Behalf of Connecticut Trans Athletes
CONTACT:
Gillian Branstetter, ACLU, gbranstetter@aclu.org
Meghan Holden, ACLU Foundation of Connecticut, media@acluct.org
NEW YORK – On behalf of Andraya Yearwood and Terry Miller, two transgender young women, the American Civil Liberties Union and the ACLU Foundation of Connecticut defended the transgender youth participation policy of the Connecticut Interscholastic Athletic Conference at the U.S. Court of Appeals for the Second Circuit in New York City in ., the nation’s first federal court case challenging such a policy.
“The plaintiffs’ argument is filled with hypotheticals about a dystopia where cisgender girls disappear from the podium, but the court must rely on facts,” said Joshua Block, staff attorney for the ACLU’s LGBTQ & HIV Project. “The facts are that these plaintiffs repeatedly outperformed Andraya and Terry, and won an impressive collection of first place trophies in the process. There is enough room on the victory podium for transgender girls too. Under Title IX, all girls, including transgender girls, should be able to participate fully and equally in athletics, in accordance with who they are.”
“Connecticut’s laws preventing discrimination against trans youth in school and sports are consistent with federal law. For years now, Andraya and Terry have carried more on their shoulders, as two Black trans youth, than most adults face in a lifetime. We hope the court will uphold the lower court’s decision so our clients may move forward with their lives, and so all transgender students in Connecticut can rest assured that their rights, humanity, and ability to be fully part of their school communities is not up for debate,” said Elana Bildner, ACLU Foundation of Connecticut senior staff attorney.
Terry Miller and Andraya Yearwood are transgender young women who successfully competed in track and field events while in high school in Connecticut. During their senior year, cisgender girls represented by the Alliance Defending Freedom – an organization that takes credit for a record surge in anti-transgender bills introduced by state legislators in recent years – filed a lawsuit arguing that the presence of transgender girls on girls’ sports teams violated Title IX. The U.S. district court in Connecticut dismissed the case last year, but the plaintiffs immediately appealed.
With the support of over 150 professional female athletes and associations, including Jasmine Thomas, Billie Jean King, Megan Rapinoe, Layshia Clarendon, the Women’s National Basketball Players Association, and the Women’s Sports Foundation, ACLU Staff Attorney Joshua Block argued today that:
- Title IX allows schools to adopt inclusive policies to provide equal athletic opportunities for all girls and women – including girls and women who are transgender;
- Although the plaintiffs have argued that they “can’t win” when competing against Andraya and Terry, their athletic records show that the cisgender plaintiffs repeatedly outperformed Andraya and Terry, winning many first-place trophies and championships in the process and going on to win several athletic scholarships; and
- To the extent that courts have considered the topic of transgender athletes, they have held that Title IX prohibits schools from adopting discriminatory bans like the ones advocated for by the plaintiffs and Alliance Defending Freedom.
For more information about Soule et al. v CT Association of Schools et al., including copies of friend of the court briefs submitted by more than 150 professional women athletes and associations:
LGBTQ Rights
Soule et al v. CT Association of Schools et al
LGBTQ Rights
Soule et al v. CT Association of Schools et al
Learn More About the Issues in This Press Release
-
Press ReleaseDec 2024
LGBTQ Rights
President Biden Must Veto Defense Bill Attacking Military Families with Transgender YouthPresident Biden Must Veto Defense Bill Attacking Military Families with Transgender Youth
WASHINGTON — The U.S. Senate today passed a version of the National Defense Authorization Act that would ban coverage for gender-affirming care for transgender youth whose parents are active-duty military personnel. The American Civil Liberties Union is opposing final passage of the defense bill over the inclusion of this health care ban and calling on President Joe Biden to veto the bill. Section 708 of the NDAA would prohibit insurance coverage for “medical interventions for the treatment of gender dysphoria” such as hormone therapy and puberty-suppressant medications, which Speaker Mike Johnson says would “permanently ban transgender medical treatment for minors.” The same treatments would be covered by TRICARE for any medical purpose other than treating gender dysphoria, the clinical diagnosis for the psychological distress experienced by transgender people related to their gender identity. “By passing this bill, the House and Senate are forcing thousands of active-duty service members to choose between their careers in the military and the future of their transgender children,” said Mike Zamore, national director of policy & government affairs at the ACLU. “This unconscionable and unjustifiable attack on those families stands in direct contrast to President Joe Biden’s legacy of defending the civil rights of transgender Americans — including when few in his own party showed the courage to do so. President Biden should cement his legacy by vetoing this bill and sending it back to Congress to pass without Speaker Johnson’s last minute health care ban for servicemembers’ kids.” If signed by President Biden, this health care ban would be the first new anti-LGBTQ provision enacted by Congress and signed into law by the president since the enactment of the military’s since-repealed “Don’t Ask, Don’t Tell” policy for LGBTQ servicemembers and the since-repealed federal law barring recognition of same-sex marriages known as the Defense of Marriage Act. It is unknown how many transgender youth are currently enrolled in TRICARE or how many of those enrolled are currently receiving coverage for gender-affirming care. In one 2022 analysis, 2,500 minor patients sought care for gender dysphoria through TRICARE Prime insurance at military or civilian treatment facilities in 2017, and 900 received puberty suppressants or gender-affirming hormones. Earlier this month, the Supreme Court heard oral arguments in a landmark case brought by the ACLU, the ACLU of Tennessee, Lambda Legal, and Akin Gump on behalf of three families and a medical provider challenging a Tennessee ban on gender-affirming hormonal therapies for transgender youth on the grounds the ban violates the Equal Protection Clause of the U.S. Constitution. -
Press ReleaseDec 2024
LGBTQ Rights
Montana Court Blocks State From Refusing to Correct Sex Markers on Transgender People's Birth Certificates and Driver's LicensesMontana Court Blocks State From Refusing to Correct Sex Markers on Transgender People's Birth Certificates and Driver's Licenses
HELENA, Mont. – A Montana court has granted a preliminary injunction preventing the state of Montana from enforcing policies that bar transgender people from obtaining accurate sex designations on their birth certificates and driver’s licenses. After a prior restriction on amendments of birth certificates was struck down by the courts, in early 2024 the state of Montana enacted a new rule that categorically bars transgender Montanans from correcting the sex designation on their birth certificates. Around the same time, the Montana Department of Justice adopted a policy similarly restricting amendment of driver’s licenses. The plaintiffs challenged these policies in state district court, arguing that they violate various constitutional provisions, including the right to equal protection of the law. In a recent Montana Supreme Court decision, two justices concluded that discrimination on the basis of transgender status – as the state is engaging in here – is a form of sex discrimination that violates the Montana Constitution’s equal protection clause. The plaintiffs, two transgender women, are represented by the American Civil Liberties Union, the ACLU of Montana, and Nixon Peabody LLP. Plaintiff Jessica Kalarchik, a veteran who served in the United States Army for 31 years, said: “After finally being able to live my life openly as the woman I know myself to be, I am frustrated that my birth state, Montana, wants me to carry around a birth certificate that incorrectly lists my sex as male. I live my life openly as a woman, I am treated as a woman in my daily life, and there is no reason I should be forced to carry a birth certificate that incorrectly identifies me as male. Fortunately, the court agrees that this ridiculous policy should not be in effect.” “Once again the State of Montana chose to adopt a draconian policy that is clearly intended to marginalize transgender Montanans, only for that discriminatory action to be blocked by the courts,” said Akilah Deernose, executive director for the ACLU of Montana. “Here in Montana we treasure our right to privacy and to live our lives free from governmental intrusion. The State of Montana clearly has not learned any lessons from the past few years, where courts have repeatedly struck down unconstitutional laws targeting transgender Montanans.” “Forcing anyone to carry documents that contradict their identity unjustly violates their rights to privacy, equal treatment, and not being compelled to convey a government message about their sex that they disagree with,” said Malita Picasso, staff attorney for the ACLU’s LGBTQ & HIV Project. “Such a policy marks transgender people for further mistreatment and discrimination, essentially requiring them to carry papers that out them as transgender any time they need to provide identity documents. Fortunately, the court has refused to allow the state of Montana to subvert the freedom of transgender Montanans to control their own identity as this case goes forward.” In granting the plaintiffs’ motion for a preliminary injunction, the court held, “[i]f the challenged state actions discriminate against transgender individuals on the basis of their transgender status, they also necessarily discriminate the basis of sex.” The state has the option of appealing the district court’s ruling to the Montana Supreme Court, but the underlying case will proceed in district court. A trial has not yet been scheduled. -
FloridaDec 2024
LGBTQ Rights
Keohane v. DixonKeohane v. Dixon
On September 30, 2024, the Florida Department of Corrections rescinded its policy regarding treatment of gender dysphoria, which allowed for hormone therapy when deemed medically necessary, as well as access to clothing and grooming standards that accord with one’s gender identity. Under this new policy, grooming and clothing accommodations have been stripped away, and hormone therapy is not permitted unless an exception is deemed constitutionally required. The ACLU brought a class action challenging the policy. -
IdahoDec 2024
LGBTQ Rights
Robinson v. LabradorRobinson v. Labrador
Two incarcerated transgender women have sued the state of Idaho alleging that HB 688, a 2024 law barring state funding for gender-affirming medical care for transgender people, denies them access to the health care their doctors have prescribed for them and is a violation of their Eighth Amendment right to be free from cruel and unusual punishment. They represent a class of all incarcerated folks within the state of Idaho who face the loss of hormone therapy due to HB 668.