HARTFORD, Conn. — A controversial lawsuit that claims Connecticut’s policy on transgender student-athletes is unfair is back in court.
In December 2022, a federal appeals court dismissed this lawsuit, but last year the U.S. Court of Appeals for the 2nd Circuit reinstated the case. Friday morning, both sides gathered in federal court in Hartford, as the Connecticut Association of Schools once again tries to get the case dropped.
“Today was all about whether these four athletes that were deprived of fair competition ought to have their day in court for that,” said Cody Barnett, an attorney with the Alliance Defending Freedom.
Four cisgender female track athletes filed a lawsuit in 2020 arguing they were deprived of wins, titles and scholarship opportunities in high school by being forced to compete against two transgender girls.
RELATED: Sex eligibility rules for female athletes are complex and legally difficult. Here's how they work
“I think we want to vindicate just my clients’ interest here, that these athletes suffered discrimination by being forced to compete at unfair levels, and so we are seeking just recognition of that, and proper recognition that they were deprived of when they ran these races years ago,” Barnett said.
The four runners are represented by the conservative Christian legal organization ADF which is listed as an anti-LGBTQ+ hate group by the Southern Poverty Law Center.
ADF argues Connecticut’s policy allowing students to participate in programs consistent with the gender they identify with violates Title Nine.
“We're seeking to correct the records, the athletic records, because at this point, these athletes have graduated, and so the court is only able to correct the records of the races they ran and what those records would have looked like had they competed fairly,” added Barnett.
The four women — Selina Soule, Chelsea Mitchell, Alanna Smith and Ashley Nicoletti — were not in court Friday, but spoke about their case during a 2021 hearing.
“Throughout my four years in high school, I was forced to compete against biological males,” explained Soule. “Girls across Connecticut and New England all knew the outcome of our races long before the start, and it was extremely demoralizing.”
“All girls deserve the chance to compete on a level playing field, but cisgender girls should not be sidelined in their own sports,” Smith said.
The lawsuit specifically names two transgender athletes — Andraya Yearwood and Terry Miller — who have since graduated high school.
FOX61 spoke with Yearwood’s father in 2018.
“My daughter is a trans female. That means she needs to compete on girls’ teams in order to feel most comfortable,” Rahsaan Yearwood said. “She’s running because she wants to be part of a team, and we all understand the benefits of being part of a team at this age.”
The ACLU of Connecticut is representing Yearwood and Miller.
In a statement, Legal Director Dan Barrett wrote, “Oral arguments today included our continued defense of inclusive policies in Connecticut schools and school athletics. Transgender students are students and deserve to have the same protections as their peers. Student-athletes should be able to participate in athletics. Today, we again asked the court to rely on the facts of this case, and not to deal in hypotheticals. Our clients demonstrably played by the rules. There is room for everyone in athletics, and Connecticut schools should be proud that they refuse to discriminate.”
Friday’s hearing was just oral arguments on whether this case should be dismissed again. Both parties now await the judge’s decision to continue or drop this suit, which ADF says could take several months.
----
Emma Wulfhorst is a political reporter for FOX61 News. She can be reached at ewulfhorst@fox61.com. Follow her on Facebook, X and Instagram.
----
Do you have a story idea or something on your mind you want to share? We want to hear from you! Email us at newstips@fox61.com.
----
HERE ARE MORE WAYS TO GET FOX61 NEWS
Download the FOX61 News APP
iTunes: Click here to download
Google Play: Click here to download
Stream Live on ROKU: Add the channel from the ROKU store or by searching FOX61.
Steam Live on FIRE TV: Search ‘FOX61’ and click ‘Get’ to download.