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A school district in Colorado is demanding the State Athletic Association and the Attorney General on the laws of the State that require schools to allow biologically male transgender athletes to compete in girls’ sports.
The 49 School District (D49) in El Paso County, Colorado, joined a growing list of school districts in states that allow trans athletes to compete in girls sports by changing their own policy to guarantee participation only for women.
But D49 goes one step further with a preventive legal action after observing “growing tension between the obligations of title IX and the state system that requires discrimination against athletes,” according to the documents obtained by Pak Gazette Digital.
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“Knowing that the approved policy would generate opposition and potentially trigger legal challenges, D49 presented an action prior to the application in the Colorado district of the Federal Court system in search of declarative relief and precautionary measures,” said the school district.
The demand points to the Association of High School Activities of Colorado (Chsaa) and the Attorney General Philip J. Weiser and seeks legal protection for his new policy to protect the sports of girls.
The demand does not occur in response to a specific incident of a trans athlete competing in the district. On the other hand, it is an answer to the radical policies of the State in conflict with the obligation of the school to comply with federal law, specifically title IX.
“Political culture is very unbalanced in gender issues. Our demand seeks rational correction to excessive adaptations,” D49 Super Peter Hilt told Pak Gazette. “Our State Athletic Association advocates simultaneously in equity and discrimination. We ask them to solve that discrepancy, and refused, so we were forced to follow a legal decision.”
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Lori Thompson, president of the Board of Education of the School District 49, lamented the current policies of the State and their effects on competence between girls.
“The current law of Colorado requires that we violate title IX taking advantage of the opportunities of deserving girls and giving them boys,” Thompson told Pak Gazette Digital.
Colorado is one of the many blue states to protect the rights of trans athletes in girls’ sports.
Students in the state can compete in any gender category if they report their school in writing that their gender identity differs from their sex assigned to birth. Chsaa requires that schools perform a confidential evaluation, and all forms of documentation are voluntary. Nor are medical or legal requirements establish.
Weiser’s office responded to the lawsuit in a statement provided to Pak Gazette Digital.
“The Attorney General is committed to defending the laws against discrimination of Colorado. The Office of the Attorney General does not comment on this ongoing litigation,” said the statement.
The Chsaa says that she is aware of the demand, but it has not yet been officially served, a spokesman told Pak Gazette Digital.
“In the event that an official notice is received, we will organize our team accordingly and continue through the appropriate legal channels,” added the spokesman.
A representative of the legal firm Miller Farmer Carlson, who represents D49, said that the document has not been served due to the lack of correspondence of Chsaa.
“Chsaa’s lawyer, Alex Halpern, has not responded to our requests to renounce the service. Unless we do it tomorrow, we will continue and serve his registered agent,” said Brad Miller.
