On Friday, the Connecticut Association of Schools and four female athletes continued their legal struggle.
“Today was all about these four athletes that were deprived of fair competition and out to have their day in court,” Cody Barnett, their attorney, explained.
In 2020, the female athletes filed a complaint, claiming that policies of the Connecticut Interscholastic Athletic Conference, or CIAC, permitted transgender athletes to compete against them, resulting in title losses, discrimination, and a violation of their Title IX rights.
“Chelsea Mitchell, for example, would have won 15 championships if not for this regulation. Alanna Smith would have won more state championships. Selina Soule and Ashley Nicoletti would have proceeded to higher levels of competition but were unable to do so due to unfair competition,” Barnett explained.
The Manhattan appeals court revived the case on Friday after dismissing it in 2021.
Now, Barnett says his clients want to amend their athletic records to reflect how they would have placed if they hadn’t competed against transgender children.
“What those races would have looked like if they had competed fairly,” Barnett told the crowd.
Attorneys for the ACLU of Connecticut and CIAC filed a motion to dismiss the case.
Dan Barrett, the ACLU of Connecticut’s Legal Director, said in a statement:
“Today’s oral arguments highlighted our sustained support of inclusive policies in Connecticut schools and athletics. Transgender students are students, and they deserve the same safeguards as their peers. Athletics should allow student athletes to participate. Today, we requested that the court focus on the facts of the case rather than hypotheticals. Our clients played by the rules. There is room for everyone in athletics, and Connecticut schools should be proud of their refusal to discriminate.
Dr. Glenn Lungarin, Executive Director of CAS-CIAC, issued the following statement:
“The CIAC’s philosophy is based on inclusion and complies with state and federal laws. The CIAC policy is consistent with state and federal guidance on gender identification, including the most recent Title IX update released by the US Department of Education. The CIAC successfully defended its stance in a previous court ruling, and it hopes to do so again.”
A decision from the federal judge following Friday’s hearing might take several months
