A federal judge has recommended dismissing a lawsuit filed by several Colorado school districts challenging the state’s antidiscrimination law, which permits transgender youth to compete on sports teams that align with their gender identity. On January 13, 2024, U.S. Magistrate Judge Maritza Dominguez Braswell‘s recommendation represents a significant moment for state officials, while presenting a setback for the eight plaintiffs involved, including four school districts, three charter schools, and one public education cooperative.
The case originated last spring when District 49, a conservative-leaning district near Colorado Springs, adopted a policy prohibiting transgender girls from participating in girls’ sports and transgender boys from competing on boys’ teams. The lawsuit raised concerns that the state’s antidiscrimination law infringed upon the rights of students by enforcing policies that allow transgender athletes to participate based on their gender identity.
Implications of the Recommendation
While Judge Dominguez Braswell’s recommendation will be reviewed by a federal district court judge for a final decision, its implications may not extend directly to high school sports policies in Colorado. The judge’s recommendation indicates that the suing districts and schools lack the standing to litigate against the state on behalf of their students, rather than addressing the legality of policies that restrict transgender participation in sports.
One of the defendants in the case, the Colorado High School Activities Association, reached a settlement with the plaintiff districts and charter schools in early December, ensuring that no sanctions would be imposed on schools for their transgender athlete policies. This agreement required the plaintiffs to pay the association $60,000.
In her recommendation, Dominguez Braswell noted that established legal principles prevent the districts from pursuing their claims under the U.S. Constitution’s 14th Amendment. She criticized the plaintiffs’ position that they could represent the interests of all district students, highlighting that such interests do not uniformly align, particularly for transgender students.
Responses from Stakeholders
Michael Francisco, an attorney from the law firm First & Fourteenth, representing the plaintiffs, expressed disagreement with the recommendation. He stated, “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 declined to comment on the ongoing litigation. Several districts across Colorado have policies allowing transgender students to join sports teams that match their gender identity, while others decide on a case-by-case basis. The districts involved in the lawsuit recently enacted policies that prevent transgender students from competing in alignment with their gender identity.
The plaintiffs argue that the state’s antidiscrimination law places them in an “untenable position,” as they face potential state penalties for their policies regarding transgender athletes. The case has drawn national attention, especially as it coincides with ongoing discussions at the U.S. Supreme Court, where arguments were heard regarding state laws that restrict transgender athletes from participating in girls’ and women’s sports.
While the Supreme Court’s conservative majority appeared receptive to upholding these state laws, the breadth of any potential ruling remains uncertain.
The lawsuit, highlighting the ongoing debate surrounding transgender rights in sports, reflects a broader national discussion about inclusivity and equality in educational settings. As this case progresses, its outcomes may significantly influence the policies and practices of school districts throughout Colorado and beyond.
This story was originally published by Chalkbeat, a nonprofit news site focused on educational change in public schools.
