A lawsuit brought by four female athletes who competed in high school against transgender athletes that was dismissed in 2021, was back in federal court in New Haven Friday after the suit was reinstated by a federal appeals court.
A legal battle continued on Friday between four female athletes and the Connecticut Association of Schools.
“Today was all about these four athletes that were deprived of fair competition, out to have their day in court,” attorney Cody Barnett said.
In 2020, the female athletes filed a lawsuit, arguing that policies under the Connecticut Interscholastic Athletic Conference, or CIAC, allowed transgender athletes to compete against them, which they said led to lost titles, discrimination and a violation of their Title IX rights.
“Chelsea Mitchell for instance, would have won 15 championships but for this policy. Alanna Smith, would have won additional state championships. Selina Soule and Ashley Nicoletti would have advanced to higher levels of competitions but were unable to do so because of this unfair competition,” Barnett added.
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Friday’s hearing comes after an appeals court in Manhattan revived the case that was previously dismissed in 2021.
Now, Barnett said his clients are looking to correct athletic records, to reflect how they would've placed, if they didn't compete against transgender students.
“What those races would have looked like if they would have competed fairly,” Barnett said.
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Attorneys with the ACLU of Connecticut and CIAC entered a motion to have the case dismissed.
ACLU of Connecticut Legal Director Dan Barrett said in a statement:
“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.”
CAS-CIAC Executive Director Dr. Glenn Lungarin said in a statement:
"The CIAC’s policy is based on inclusion and is in compliance with state and federal law. The CIAC policy aligns with state and federal guidance protecting gender identity including the latest Title IX update issued by the U.S. Department of Education. The CIAC successfully defended its position in a previous court ruling and it looks forward to doing so again."
A ruling from the federal judge after Friday's hearing could take several months.
