A federal judge in Florida has rejected a challenge to a state law banning transgender female students from participating in women’s and girls’ sports teams. The judge ruled that the law does not violate constitutional equal protection and due-process rights. Attorneys for the state argued that the law aims to protect athletic opportunities for girls and women. Jim Saunders reported
A federal judge in Tallahassee, Florida, has recently dismissed a challenge to a new law that prohibits transgender female students from participating in women’s and girls’ sports teams. The law, which was passed in 2021, has been a subject of controversy and legal battles.
U.S. District Judge Roy Altman issued a 39-page decision on Monday, granting a request by attorneys for Florida Education Commissioner Manny Diaz Jr. and the State Board of Education to dismiss a lawsuit filed on behalf of a transgender high school volleyball player. According to Altman, the law does not violate constitutional equal protection and due-process rights, as well as Title IX, a federal law that prevents discrimination based on sex in education programs.
Altman also left open the possibility for the plaintiff, a transgender student from Broward County identified as D.N., to file a revised lawsuit focusing on the protection and Title IX issues. The judge emphasized that promoting women’s equality in athletics is an important governmental interest and argued that the law does not discriminate based on stereotypes.
The attorneys representing the state argued that the law aims to protect athletic opportunities for girls and women by preventing transgender females, who were assigned male at birth, from participating in women’s sports. They claimed that the participation of transgender females could pose a threat to the opportunities available to cisgender girls and women.
Altman agreed with the state’s argument, stating that most men and women have different physical attributes and that ignoring these differences would undermine the purpose of the Equal Protection Clause. He also emphasized that the law does not create a caste-like system that degrades transgender girls based on their gender identity.
The decision highlighted the importance of tailoring laws to achieve important governmental interests and noted that the law in question is aimed at promoting gender equality and preserving athletic opportunities for girls. Altman drew a distinction between this law and past laws that explicitly discriminated against black Americans based on their race, stating that the challenged law is not comparable to those discriminatory laws.
The lawsuit was filed in June 2021 after the Republican-controlled Legislature and Governor Ron DeSantis approved the ban on transgender female students participating in women’s and girls’ sports. The case was put on hold while the 11th U.S. Circuit Court of Appeals considered a separate case challenging a school board policy that prevented a transgender male student from using boys’ bathrooms.
In March, the attorneys representing the transgender volleyball player argued that the law is part of a larger national effort to target and discriminate against the transgender community. They claimed that the law should be viewed in the context of increasing legislative hostility towards LGBTQ+ individuals in Florida and across the country.
The state, however, disputed these claims in its motion to dismiss the case, arguing that the law is not discriminatory and does not violate constitutional rights. They emphasized that the law is intended to protect the equal participation of biological females in school athletics and address the historic under-representation of females in athletic competition.
Overall, the judge’s decision to reject the challenge to the law banning transgender female students from playing on women’s and girls’ sports teams has sparked debates over transgender rights, gender equality in athletics, and the role of legislation in ensuring fair and inclusive participation in sports..