Southern Colorado school district files lawsuit against CHSAA and other state leaders over classification of biological sexes in sports

COLORADO SPRINGS, Colo. (KKTV) -11 News is learning more about a lawsuit filed by School District 49 against state leaders and CHSAA. The superintendent says they want to know if a new policy they have on the books is legal. The school board voted and adopted that policy at the beginning of the month. It classifies its sports teams by biological sex and aims to protect women in sports. It prohibits biological men from competing on women’s teams and vice versa.

“Rather than being a recipient of potential penalties or legal action, we filed a lawsuit as a pre-enforcement action to make certain that we can protect opportunities for girls, protect privacy for girls and boys, and make sure we are shielding the district from any legal liability,” said Peter Hilts, Superintendent at District 49.

The 29-page lawsuit was filed Friday. It names the Colorado Civil Rights Division, the Colorado Attorney General and the Colorado High School Activities Association. It details that the state’s polices go against the federal standard, Title IX.

In February, President Donald Trump signed an executive order re-enforcing that law with this message to schools across the country:

“We’re putting every school receiving taxpayer dollars on notice that if you let men take over women’s sports teams or invade your locker rooms,  you will be investigated for violations of Title IX and riskier federal funding,” said the president.

D49′s lawsuit states that current law under Colorado’s Anti-discrimination Act would require the district to allow boys to play in girls sports and to share locker rooms, found in Colorado Revised Statue 24-34-601.

11 News reached out to the state’s civil rights commission who referred us to Attorney General Phil Weiser. His offices said:

“Attorney General Weiser is committed to defending Colorado’s antidiscrimination laws. The office has no further comment due to pending litigation.”

We also reached out to CHSAA. A spokesperson said they have not yet received any official notice of legal action.

D-49 is asking for a change to CHSAA bylaws and state law that allow districts to make their own decision.

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