A federal judge ordered Tuesday partially blocks enforcement of a New Hampshire law that would have banned some transgender students from competing on school sports teams that match their gender identity.
law, House Bill 1205took effect in July and requires students in grades 5-12 to compete on school sports teams that correspond to the gender listed on their birth certificates. Last month, two transgender teenage girls and their families sued New Hampshire education officialsclaims the measure violates Title IX civil rights rules that prevent sex discrimination in federally funded educational programs and activities.
Tuesday’s ruling applies only to the two teenage plaintiffs in the case: Iris Turmelle, 14, a freshman at Pembroke Academy in Pembroke, and Parker Tirrell, 15, a sophomore at Plymouth Regional High School in Plymouth.
Under the new law, Turmelle was barred from trying out her school’s track and tennis teams at the start of the school year last month.
“I was really looking forward to starting my new school and doing track and tennis, but HB 1205 took that chance away. I just want to have the same opportunities at school as other girls,” said Turmelle. I am very happy to know that now I have a chance to try out, learn, play and make new friends for the team.”
The same judge who issued Tuesday’s sentence, United States District Judge Landya McCafferty, issued a similar emergency order last month that applied only to Tirrell, allowing him to join his high school’s football team for practice and the first games of the season. That order was set to expire Tuesday at 11:59 p.m., according to Parker’s mother, Sara Tirrell.
In his final decision, McCafferty expanded on his earlier order and stated that “plaintiffs are likely to succeed on the merits of their Title IX claims” and “will be irreparably harmed absent a preliminary injunction.”
“Regardless of the availability of other sporting opportunities, plaintiffs would be clearly singled out for discriminatory treatment based on an immutable characteristic in the absence of a preliminary injunction,” McCafferty said. “The stigma and humiliation caused by such treatment of a child by the state is significant and irreparable.”
Representing the plaintiffs, the Massachusetts-based nonprofit GLBTQ Legal Advocates & Defenders (GLAD), the American Civil Liberties Union of New Hampshire, and the law firm Goodwin Procter called the court’s decision a “positive step” in a joint statement.
“The only plaintiffs in this case are Parker and Iris, but the court is clear that the law discriminates against the United States Constitution and Title IX,” GLAD staff attorney Chris Erchull told NBC News in an email. “It will be up to schools and school districts within NH to decide whether to comply with their obligations under the US Constitution and Title IX.”
As of 2020, 25 states have passed laws barring some or all transgender students from competing on sports teams that match their gender identity, according to the LGBTQ think tank. Motion Development Project.
Supporters of the measures say some trans athletes, particularly trans girls, may have an unfair competitive advantage, while critics of the laws say they unfairly prevent trans athletes from participating in school sports, a typical teenage experience.
The Biden administration expanded Title IX regulations in April, to include protective measures for students based on sexual orientation and gender identity. The rules specifically do not mention the issue of trans athletes.
Moreover, it is an extension of Title IX regulations temporarily blocked in at least 10 states and faces ongoing litigation in about 10 others. If re-elected to the White House, former President Donald Trump has vowed to roll back Biden’s expansion.
New Hampshire Gov. Chris Sununu, a Republican, took action on two separate bills affecting the state’s trans community in July in addition to the sporting event. He signed legislation that would take effect next year that would bar transgender minors from undergoing transition surgery and prevent doctors from referring patients for out-of-state procedures, and he vetoed a bill that would limit which restrooms trans people can access.
In a statement at the time, Sununu said his action on the three bills “reflects common sense, bipartisan solutions that reflect the values of parents in our state.”
A representative for Sunuu did not immediately respond to a request for comment on Tuesday’s ruling.
CORRECTION (September 10, 2024, 7:30 p.m.): An earlier version of this article misstated which plaintiffs would be affected by Tuesday’s ruling. Not just Iris Turmelle, but both transgender applicants will be affected.