A federal judge has recommended the dismissal of a lawsuit filed by several Colorado school districts challenging the state’s antidiscrimination law. The lawsuit contends that the law infringes on students’ rights by permitting transgender youth to participate in sports teams that align with their gender identity. The recommendation, issued on January 13, 2024, by U.S. Magistrate Judge Maritza Dominguez Braswell, represents a preliminary victory for state officials and a setback for the eight plaintiff entities, which include four school districts, three charter schools, and one public education cooperative.
This case was initiated last spring by the conservative-leaning District 49 near Colorado Springs, following a school board policy that prohibited transgender girls from competing on girls’ sports teams and transgender boys from boys’ teams. The federal district court will now assess Dominguez Braswell’s recommendation before issuing a final ruling.
Legal Context and Implications
The recommendation coincided with the U.S. Supreme Court hearing arguments related to two transgender athletes challenging similar state laws that ban transgender athletes from participating on girls’ and women’s teams. While the Supreme Court’s conservative majority may be inclined to uphold these state laws, the extent of their ruling remains uncertain.
In the Colorado case, the Colorado High School Activities Association (CHSAA) settled with the districts and charter schools in early December, agreeing not to penalize schools or teams regarding their transgender athlete policies. This settlement also required the plaintiffs to pay the CHSAA $60,000. Notably, the association’s bylaws have long recognized the rights of transgender athletes to compete on teams consistent with their gender identity.
Judge Dominguez Braswell’s recommendation does not directly address the validity of policies that restrict transgender students from participating in sports that correspond to their gender identity. Instead, it argues that the plaintiff districts lack the standing to sue the state on their own behalf or on behalf of their students.
Arguments and Perspectives
Michael Francisco, an attorney representing the plaintiffs from the law firm First & Fourteenth, voiced his disagreement with the judge’s 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, led by Phil Weiser, declined to provide comments on the ruling. Several Colorado school districts allow transgender students to join sports teams that match their gender identity, while others make decisions on a more individualized basis. The districts involved in the lawsuit have recently enacted policies that prevent transgender students from competing in alignment with their gender identity.
In their legal arguments, the plaintiff districts assert that the state’s antidiscrimination law, which includes protections for transgender individuals, places them in an “untenable position.” They claim that they face potential penalties from the state if they adhere to their transgender athlete policies.
Judge Dominguez Braswell highlighted in her recommendation that settled legal principles prevent the districts from pursuing claims against the state under the U.S. Constitution’s 14th Amendment. She also criticized the plaintiffs’ assertion that they could represent the interests of all district students. “Their interests do not align with all students,” she noted, emphasizing that the districts’ exclusionary policies could harm transgender students and those who advocate for inclusivity in school-sponsored activities.
Among the plaintiffs are notable districts such as Colorado Springs 11, Academy 20, Montezuma-Cortez, and James Irwin Charter Schools. The outcome of this case not only has implications for the involved districts but also for the broader dialogue surrounding transgender rights in school sports across the state.
This story was originally published by Chalkbeat, a nonprofit news organization focused on educational changes in public schools. For more updates on Colorado news, readers can subscribe to the Denver Post’s Mile High Roundup email newsletter.
