A federal judge has recommended the dismissal of a lawsuit filed by several Colorado school districts challenging the state’s antidiscrimination law regarding transgender athletes. This recommendation, issued on January 13, 2024, by U.S. Magistrate Judge Maritza Dominguez Braswell, represents a potential victory for state authorities and a setback for the eight plaintiffs involved in the case.
The plaintiffs include four school districts, three charter schools, and one public education cooperative. The lawsuit centers on the assertion that allowing transgender youth to participate in sports teams aligning with their gender identity infringes on students’ rights. A federal district court judge will evaluate Judge Dominguez Braswell’s recommendation before rendering a final decision.
The legal action was initiated last spring by District 49, which is located near Colorado Springs. Following the passage of a policy that prohibited transgender girls from competing on girls’ teams and transgender boys from competing on boys’ teams, the district sought to challenge state regulations. The recommendation coincided with the U.S. Supreme Court hearing arguments concerning two transgender athletes contesting similar state laws preventing their participation on girls’ and women’s teams.
While the Supreme Court’s conservative majority appeared receptive to upholding such state laws, the implications of any forthcoming ruling remain uncertain. One of the defendants in the Colorado lawsuit, the Colorado High School Activities Association, reached a settlement with the plaintiffs in early December, indicating that it would not penalize the schools or their teams over their transgender athlete policies.
The recommendation by Judge Dominguez Braswell, even if affirmed, may not significantly impact high school sports in Colorado. Her decision does not directly address the validity of policies that restrict transgender students from participating in teams that correspond to their gender identity. Instead, it asserts that the districts and schools lack the standing to sue the state on their own behalf or on behalf of their students.
Attorney Michael Francisco, representing the plaintiffs from the law firm First & Fourteenth, expressed disagreement with the recommendation. He indicated plans to file objections with the district court soon. “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,” he stated in an email.
The Colorado Attorney General’s office, led by Phil Weiser, declined to comment on the matter. Various Colorado districts have adopted policies permitting transgender students to compete according to their gender identity, while others evaluate requests on a case-by-case basis. In contrast, some districts, including those involved in the lawsuit, have recently enacted policies that restrict transgender students from joining teams aligned with their gender identity.
In their legal complaint, the districts argued that the state’s antidiscrimination law, which includes protections for transgender individuals, places them in an “untenable position.” They cited concerns over potential state penalties related to their transgender athlete policies. Judge Dominguez Braswell stated that established legal principles prevent the districts from filing such claims against the state under the U.S. Constitution’s 14th Amendment.
The judge also raised concerns regarding the plaintiffs’ ability to represent the interests of all district students. While the suit included claims on behalf of all students, she noted that the interests of the districts do not necessarily align with those of all students. She highlighted that the districts’ policies that restrict transgender athletes may conflict with the interests of those students and others advocating for inclusivity in school-sponsored activities.
The plaintiffs in this case include District 49, which has approximately 26,000 students, as well as 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 legal landscape around transgender athletes in Colorado remains complex. The Colorado High School Activities Association has long recognized the right of transgender athletes to participate on teams that match their gender identity and has stated its capacity to review district decisions regarding such policies. Despite this, the association has never imposed penalties against a school or district for its transgender athlete policies.
This story was initially reported by Chalkbeat, a nonprofit news organization focused on educational developments in public schools. For more insights and updates on educational issues, readers can subscribe to their newsletters.
