A federal judge has recommended the dismissal of a lawsuit filed by several school districts in Colorado challenging the state’s antidiscrimination law. The districts argued that the law infringes on students’ rights by permitting transgender youth to compete on sports teams that align with their gender identity. The recommendation, issued on January 13, 2024, by U.S. Magistrate Judge Maritza Dominguez Braswell, marks a significant moment for state officials and poses a setback for the eight plaintiffs involved, which include four school districts, three charter schools, and one public education cooperative.
The case originated last spring when District 49, located near Colorado Springs, initiated the lawsuit after its school board instituted a policy that barred transgender girls from participating on girls’ sports teams and transgender boys from boys’ teams. Following the recommendation, a federal district court judge will review the case before issuing a final ruling.
This judicial recommendation coincided with the U.S. Supreme Court hearing arguments in two cases concerning transgender athletes who oppose state laws prohibiting their participation in girls’ and women’s sports. Reports suggest that the conservative majority on the Supreme Court appears open to maintaining such state laws, though the scope of any potential ruling remains uncertain.
While the Colorado High School Activities Association, one of the defendants, settled with the plaintiff districts and charter schools in early December, Judge Dominguez Braswell’s recommendation does not directly address the validity of policies banning transgender students from competing in accordance with their gender identity. Instead, the recommendation indicates that the districts involved do not have the legal standing to challenge the state on behalf of their students.
Michael Francisco, an attorney with the law firm First & Fourteenth, representing the plaintiffs, expressed his disagreement with Dominguez Braswell’s recommendation. He indicated his intention to file objections with the district court judge, asserting, “This recommendation will not alter the course of this case or deter us from continuing this litigation to ensure every district in Colorado has the freedom to protect girls’ sports, safeguard student privacy, and uphold the spirit of Title IX.”
The Colorado Attorney General’s office, led by Phil Weiser, declined to comment on the matter following the recommendation. Various school districts in Colorado have adopted policies permitting transgender students to join sports teams that reflect their gender identity, while others evaluate such decisions on an individual basis. Some districts involved in the lawsuit have enacted policies prohibiting transgender students from competing in accordance with their gender identity.
In their lawsuit, the districts contended that the state’s antidiscrimination law, which includes protections for transgender individuals, places them in a difficult position. They claimed it risks state penalties regarding their policies on transgender athletes. Judge Dominguez Braswell pointed out that established legal principles prevent the districts from asserting claims against the state based on the 14th Amendment of the U.S. Constitution.
Moreover, the judge highlighted discrepancies in the plaintiffs’ claims to represent all district students, noting that the interests of the plaintiffs do not align with those of all students. The districts’ policies restricting transgender students from certain sports teams “cut against the interests of transgender students” and “may also cut against the interests of students who seek inclusivity in school-sponsored activities,” she stated.
The plaintiffs in the case include District 49, Colorado Springs 11, Academy 20, Montezuma-Cortez, James Irwin Charter Schools, Monument Academy, The Classical Academy, and Education reEnvisioned Board of Cooperative Education Services. The defendants are the Colorado Attorney General, the Colorado Civil Rights Division, and the Colorado High School Activities Association.
When the plaintiffs settled with the Colorado High School Activities Association in December, the association agreed not to penalize the plaintiff schools or teams concerning their policies on transgender athletes. The settlement required the plaintiffs to pay the association $60,000. Historically, the association’s bylaws have recognized the right of transgender athletes to participate on teams that match their gender identity, while allowing review of district decisions on these matters without imposing penalties.
This ongoing legal dispute highlights the complexities surrounding transgender participation in school sports and reflects broader discussions regarding inclusivity and student rights within the educational system. As the case progresses, it will be closely monitored for its implications on school policies across Colorado and potentially beyond.
