A federal judge in Tallahassee has dismissed a challenge to a Florida law banning transgender female students from playing on women’s and girls’ sports teams, ruling that the law does not violate constitutional rights. The judge left open the possibility for a revised lawsuit on Title IX issues. CBS Miami Team reported
A federal judge in Tallahassee has dismissed a legal challenge to a Florida law that prohibits transgender female students from participating in women’s and girls’ sports teams. U.S. District Judge Roy Altman issued a detailed 39-page decision on Monday, granting a request to dismiss a lawsuit filed on behalf of a transgender high school volleyball player in Broward County.
Judge Altman ruled that the controversial law, known as SB 1028, does not violate constitutional equal protection and due-process rights, as well as Title IX, a federal law that prohibits sex-based discrimination in education programs. However, he left open the possibility for the plaintiff’s attorneys to file a revised lawsuit focusing on the protection and Title IX issues.
The state’s attorneys argued that the law is intended to preserve athletic opportunities for girls and women by preventing transgender females, who were assigned male at birth, from competing on their teams. They emphasized the biological differences between males and females and claimed that allowing transgender females to participate could threaten the fairness of women’s sports.
Judge Altman agreed with the state’s arguments, stating that the law is rooted in real physical differences between males and females and is not based on stereotypes. He compared the law to other regulations that restrict certain individuals from engaging in specific activities, such as blind individuals not being allowed to fly airplanes or HIV-infected individuals not being allowed to donate blood. Altman emphasized that the law aims to promote gender equality by preserving athletic opportunities for girls and does not create a discriminatory system.
The lawsuit was filed by the transgender girl’s attorneys in June 2021, following the approval of the ban by the Republican-controlled Legislature and Governor Ron DeSantis. The case was put on hold while the 11th U.S. Circuit Court of Appeals considered a separate case involving a transgender male student’s bathroom usage rights. When the appeals court upheld the school board’s policy in December, Judge Altman reopened the transgender-athlete case in January.
In March, the plaintiff’s attorneys argued that the law was part of a larger national effort to discriminate against and scapegoat transgender individuals. They claimed that the law, along with other anti-LGBTQ legislation, demonstrated increasing hostility towards LGBTQ individuals in Florida. However, the state’s motion to dismiss the case, filed in February, contended that the law does not discriminate and is necessary to protect the equal participation of biological females in school athletics.
In conclusion, Judge Altman’s decision supports the constitutionality of Florida’s law banning transgender female students from women’s and girls’ sports teams. While the lawsuit may be revised to focus on different legal grounds, the judge’s ruling affirms the state’s interest in maintaining fair athletic opportunities for girls..