SALT LAKE CITY (AP) – Utah this week asked a state court to drop a lawsuit challenging its ban on transgender children who want to compete in youth sports as the culture war flashback moves from state houses to courthouses across the country.
In the case of Utah, three transgender girls and their parents claim that the direct ban passed by the Republican-majority Legislature this year wrongly prevents their children from participating in sports. Their lawyers argue that it violates provisions of the state constitution that prohibit discrimination and guarantee equal rights and due process.
Utah’s lawyers in a motion on Wednesday argued that two of the girls have no reputation for challenging the ban because it did not harm them and because their lawyers moved to exclude their mental health records from the case.
It is doubtful for one who wants to play volleyball because her grades make her academically ineligible, they say, and will not affect another because she will not be old enough to try out for her high school swimming team until the school year 2023-2024. .
Utah, which hired former state Supreme Court judge Thomas Lee to help defend the ban earlier this month, also argues that the state constitution was never interpreted to ensure transgender student-athletes can participate in sex-related leagues, and says , that the ban “reinforces”. long-term norm “governing participation in sports – biological sex.
“Biological girls were not born boys. There were transgender girls. And even if transgender girls have undergone puberty blockade or hormone therapy, they still maintain and develop biological differences that are an advantage on the playing field, ”state attorneys write in a motion to dismiss.
Lawyers for the transgender girls did not immediately respond to a request for comment. Long-term legal challenges to Utah’s ban are long-awaited, and parallel other cases of categorical bans, including in Idaho, West Virginia and Indiana. Although Utah is now arguing that it should be rejected, state lawmakers anticipating a lawsuit included provisions in the legislation to channel state funds to defend the ban and the school districts involved in possible lawsuits.
In March, the Utah High School Activity Association learned of only one Transgender girl playing in K-12 sports who would be affected by the ban. The association, which organizes leagues for 85,000 students, said no allegations have been made publicly about any of the state’s four transgender youth athletes enjoying competitive advantages.
