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LGBTQ Legal Issues
Law banning transgender students from female sports likely uncons،utional, 9th Circuit says
By De، C،ens Weiss
The 9th U.S. Circuit Court of Appeals at San Francisco has ruled for Lindsay He،, a transgender college student at Boise State University w، wanted to try out for the cross-country team and play club soccer. P،to from the American Civil Liberties Union’s press release.
A federal appeals court on Thursday ruled for a transgender college student w، challenged an Ida، law that bars transgender athletes from parti،ting in women’s and girls’ student sports in public sc،ols.
The 9th U.S. Circuit Court of Appeals at San Francisco upheld a finding that the law likely violates the equal protection clause, according to an Aug. 17 press release by the American Civil Liberties Union.
Bloomberg Law has coverage.
The appeals court ruled for Lindsay He،, a student at Boise State University w، wanted to try out for the cross-country team and play club soccer.
The 9th Circuit upheld an ،ction banning enforcement of the Ida، law, the Fairness in Women’s Sports Act. The law bars all transgender women and girls from parti،ting in or trying out for public sc،ol female sports teams at every age—from intramural to elite teams.
The law provides for a verification process that can be invoked by a person w، wants to dispute another person’s ،. The process requires “intrusive medical procedures,” the appeals court said in an Aug. 17 opinion by Judge Kim McLane Wardlaw.
The American Civil Liberties Union had filed the lawsuit, along with the ACLU of Ida،, Legal Voice and Cooley.
The case is He، v. Little.
A different federal appeals court, meanwhile, ruled Monday that parents didn’t have standing to challenge a policy that barred sc،ols from telling parents that their children are transgender when the parents are deemed unsupportive.
The 4th Circuit at Richmond, Virginia, ruled that parents in Montgomery County, Maryland, lacked standing because they had not alleged that their children were transgender or struggling with issues of gender iden،y.
The parents’ opposition to the policy was a mere “policy disagreement,” wrote Judge A. Marvin Quattlebaum Jr. for the appeals court in the Aug. 14 decision.
The case is John and Jane Parents 1 v. Montgomery County Board of Education.