New Hampshire
Judge allows transgender New Hampshire girl to play soccer as lawsuit challenges new law
CONCORD, N.H. (AP) — A federal judge temporarily cleared the way Monday for a transgender girl to play soccer for her high school team while she and another student challenge a New Hampshire ban.
The families of Parker Tirrell, 15, and Iris Turmelle, 14, filed a lawsuit Friday seeking to overturn the “Fairness in Women’s Sports Act” that Republican Gov. Chris Sununu signed into law last month. While Turmelle doesn’t plan to play sports until December, Tirrell sought an emergency order allowing her to start soccer practice Monday evening.
U.S. District Court Chief Judge Landya McCafferty granted the request with just hours to spare, finding that Tirrell had demonstrated likely success on the merits of the case. The two sides now have 14 days to schedule a hearing on the plaintiffs’ broader motion for a preliminary order blocking the state from enforcing the law while the case proceeds.
The lawsuit said the law violates constitutional protections and federal laws because the teens are being denied equal educational opportunities and are being discriminated against because they are transgender.
The judge questioned how the law, as applied to Tirrell, would protect girls from unfair competition given that the state isn’t contesting evidence that she has no physiological advantage after taking puberty-blocking medication to prevent bodily changes such as muscle development. McCafferty also found Tirrell had proven that she would suffer irreparable harm without it, another criteria for emergency relief.
Michael DeGrandis, an attorney for the state, argued that missing soccer practice, while “stressful,” didn’t meet that standard, but the girls’ lawyer disagreed, saying it would have a “permanent, stigmatizing impact.”
“We are very happy with the judge’s order. It is also what we expected, because we know that this law is unfair and violates the rights of transgender girls of New Hampshire,” Chris Erchull, an attorney at GLBTQ Legal Advocates & Defenders, said after the hearing.
The rights of transgender people — and especially young people — have become a major political battleground in recent years as trans visibility has increased. Most Republican-controlled states have banned gender-affirming health care for transgender minors, and several have adopted policies limiting which school bathrooms trans people can use and barring trans girls from some sports competitions.
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New Hampshire
New Hampshire teens sue state over sports restrictions
![New Hampshire teens sue state over sports restrictions New Hampshire teens sue state over sports restrictions](https://gray-wcax-prod.cdn.arcpublishing.com/resizer/v2/OMCMKYEUTNGJ5IQVD5W3WEHHP4.jpg?auth=ffedff77fda7aef53c282eb338050b76c6b0c4f3e749270245e855dcb4ba45ea&width=1200&height=600&smart=true)
CONCORD, N.H. (WCAX) – Two New Hampshire high schoolers are suing the state over new restrictions on transgender students participating on certain sports teams.
The new law signed by Gov. Chris Sununu last month requires that middle and high school students participate on the sports team that matches the gender listed on their birth certificate.
Advocacy groups filed the lawsuit on behalf of teens Iris Turmelle and Parker Tirrell and their families.
The lawsuit requests that Turmelle be allowed to try out for girls’ tennis and track and field teams and that Tirrell be allowed to continue playing with her girls’ soccer team.
The suit argues that students are being denied educational opportunities and discriminated against, which violates federal law.
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New Hampshire
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New Hampshire
Judge to decide Monday whether transgender N.H. teen can play on her school’s soccer team – The Boston Globe
Christopher G. Bond, general counsel for the New Hampshire Department of Justice, said Sunday that the attorney general’s office is tasked with defending duly enacted state laws in court, so the office won’t agree to a temporary restraining order that would result in the suspension of provisions of the law at issue in this case.
The parties had until Monday morning to file a joint stipulation to formalize their potential agreement. But the court on Sunday scheduled a hearing for Monday at 2 p.m. to address a pending emergency motion, which signaled that no deal had been reached.
The plaintiffs’ emergency motion asks the judge to temporarily block New Hampshire education officials from enforcing the law and to allow Tirrell to keep attending practice and games with her team.
Chief Judge Landya B. McCafferty is presiding over this case in the US District Court for the District of New Hampshire. She was nominated by former president Barack Obama and is the first woman to serve as a federal district court judge in New Hampshire.
The enforcement action that triggered this lawsuit came Thursday, when the superintendent of Tirrell’s school district notified Tirrell’s parents that the teen would no longer be welcome at soccer practice beginning Monday, since the new law barring her from the team would take effect over the weekend.
With backing from three law firms that advocate for the rights of LGBTQ+ people, Tirrell and Turmelle, along with their respective parents, filed a lawsuit Friday to challenge enforcement of the new law.
Their attorneys argue in court filings that Tirrell, a rising sophomore at Plymouth Regional High School, and Turmelle, a rising ninth-grader at Pembroke Academy, will be denied “a critical aspect of their education” unless the court provides immediate relief.
“They are young adolescents at a critical stage of their personal development,” the attorneys wrote. “They will never get their early high school years back and, as such, a preliminary injunction is necessary to avoid the denial of a critical and unique educational program that cannot be repeated or replaced, let alone adequately compensated by money damages.”
“In their short high school careers, a single day that they miss out on essential educational opportunities will cause them great harm,” they added.
Proponents of the legislation — which Governor Chris Sununu, a Republican, signed last month — said it would protect safety and fairness for girls’ sports.
“It may not be universal, but biological males have a strength and speed advantage over biological females,” said New Hampshire Senate President Jeb Bradley, a Wolfeboro Republican, during legislative debate in May.
The lawsuit contends, however, that being transgender “is not an accurate proxy for athletic performance or ability.” Tirrell and Turmell are taking puberty-blocking medication and hormone therapy, so they won’t experience the muscular development and other physical changes that is typical for testosterone-driven male puberty, their lawsuit says.
Their attorneys argue they don’t have any physiological or biological advantage in girls’ sports and are being excluded based on their status as members of “a politically unpopular class.”
Under the new restrictions, public schools that serve students in fifth through 12th grades, and private schools whose students compete against public schools, must designate each of their interscholastic sports and club athletics teams as being for either males, females, or both.
A student’s sex is determined based on their unamended birth certificate. If a birth certificate “does not appear to be” original or does not specify sex at birth, then the student “must provide other evidence indicating the student’s sex at the time of birth” and cover any costs associated with doing so.
Private parties can sue schools for failing to enforce the new law’s restrictions.
The issue of how to treat transgender athletes has been a contentious topic in recent years. In late July, the Associated Press reported, a Florida school employee who allowed her transgender daughter to play on the high school’s girls volleyball team was suspended for 10 days. The employee is part of a federal lawsuit to block Florida’s law. A legal challenge to Connecticut’s policy about trans students competing in school sports has been making its way through the court system for several years.
Steven Porter can be reached at steven.porter@globe.com. Follow him @reporterporter.
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