Last Friday, two New Hampshire soccer players who had been living as girls since they were young sued the state over its transgender sports ban, with the support of the ACLU.
The lawsuit argues that banning transgender participation in girls’ sports violates the Equal Protection Clause of the 14th Amendment to the Constitution and Title IX, a 1972 amendment that further guarantees equal treatment in education based on sex.
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The lawsuit also reveals that the plaintiffs are also seeking a restraining order against the defendants as they attempt to obtain a preliminary injunction blocking the bill to allow girls to resume sports.
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“Sports are a pillar of education in New Hampshire’s public schools, where physical activity in a team environment has countless benefits, including mental and physical health, leadership skills and social development,” Chris Urchall, senior attorney at GLBTQ Legal Advocacy (GLAD), said in a statement. “New Hampshire cannot justify singling out transgender girls and denying them important educational benefits that other students can enjoy.”
HB1205 The transgender anti-discrimination bill was signed into law by Governor Chris Sununu (R) last month. The bill would ban transgender girls from participating on girls’ sports teams through high school. The bill was signed the same day as two other anti-transgender bills. A fourth bill that would have overturned the state’s transgender anti-discrimination measures was vetoed by the governor.
The complaint names as defendants the New Hampshire Commissioner of Education, members of the New Hampshire State Board of Education and members of the Board of Education for Girls. The plaintiffs are represented by Chris Urchal and Ben Klein of GLAD, Henry Klementowicz and Jill Bissonette of the ACLU of New Hampshire, and Lewis Lobel, Kevin DeJong and Elaine Blais of Goodwin.
“HB 1205 discriminates against transgender girls and tells them they do not deserve the same educational opportunities as other girls in our public schools, including those that improve their mental, emotional and physical health, and those that are not available to them,” Henry Klementowicz, deputy legal director for the ACLU of New Hampshire, said in a statement. [the girls] They are entitled to the same access.”
