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A school district of Colorado continues the Sports Association of the State and the Attorney General on the laws of the State obliging schools to allow biologically male transgender athletes to participate in sports of girls.
School district 49 (D49) In the county of El Paso, Colorado, has joined an increasing list of school districts in states that allow Trans athletes to participate in girls sports by modifying their own policy to ensure the participation reserved for women.
But D49 goes further with preventive legal action after having observed “increasing the tension between the obligations of title IX and the state system which requires discrimination against student-athletes”, according to documents obtained by PK Press Club Digital.
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“Knowing that the approved policy would generate an opposition and could potentially trigger judicial disputes, the D49 has filed an action prior to the application in the District of Colorado of the Federal Judicial System requesting a declaratory and injunctive reparation,” said the school district.
The trial aims at Colorado High School Activities Association (CHSAA) and the Attorney General Philip J. Weiser and seeks legal protection for its new policy to protect girls sports.
The trial does not come in response to a specific incident of a trans athlete that participates in the district. Instead, it is a response to the radical policies of the State in conflict with the school’s obligation to respect the federal law, in particular the title IX.
“Political culture is far from gender issues. Our legal action is looking for a rational correction to excessive adaptations,” said D49, Peter Hilts, in PK Press Club Digital. “Our State Sports Association simultaneously recommends equity and discrimination. We asked them to resolve this gap, and they refused, we were therefore obliged to continue a legal decision.”
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Lori Thompson, president of the school board 49 of the board of directors, deplored current state policies and their effects on competition between girls.
“The current Colorado law forces us to violate title IX by taking advantage of opportunities by deserving girls and delivering them to boys,” Thompson told PK Press Club Digital.
Colorado is one of the many blue states to protect the rights of trans athletes in girls sports.
Students of the state can compete in one or the other gender category if they inform their school in writing that their gender identity differs from their sex assigned to birth. The CHSAA requires schools to carry out a confidential assessment and all forms of documentation are voluntary. No medical or legal requirement is also indicated.
Weiser’s office responded to the trial in a statement provided to PK Press Club Digital.
“The Attorney General is determined to defend the anti-discrimination laws of Colorado. The prosecutor’s office makes no other comment on this current dispute,” the statement said.
The CHSAA says he is aware of the trial, but it has not yet been officially served, a spokesman for PK Press Club Digital said.
“If an official opinion was received, we will organize our team accordingly and go through the appropriate legal channels,” added the spokesperson.
A representative of the legal firm Miller Farmer Carlson, representing the D49, said that the document had not been served due to a lack of correspondence from the CHSAA.
“The lawyer for the CHSAA, Alex Halpern, did not respond to our requests for renunciation of the service. Unless he does it tomorrow, we will then go ahead and serve their registered agent,” said Brad Miller.
