MEREDITH, NH – The families of two transgender teens in New Hampshire filed a lawsuit Friday seeking a new state law which means they are no longer allowed to participate in the girls’ sports teams at their public high schools.
Transgender athletes in high school sports
The question of how transgender athletes should be treated has been the subject of intense debate in the US in recent years and has led to numerous lawsuits.
Two weeks ago, a Florida school employee who allowed her transgender daughter to play on the high school girls’ volleyball team was suspended for 10 days. The employee is part of a federal lawsuit seeking to block the state’s law. Meanwhile, a legal challenge to Connecticut’s policy on trans students participating in school sports has been ongoing for several years.
New Hampshire lawsuit
The New Hampshire lawsuit says Parker Tirrell, 15, and Iris Turmelle, 14, both knew they were girls from a young age and were accepted as such by their parents, peers, teammates and coaches.
Tirrell, a 10th-grader at Plymouth Regional High School this year, played soccer with the girls’ team in ninth grade and said she is eager to get back to practicing with the team in preparation for its first game on Aug. 30.
“Playing soccer with my teammates is where I feel the most free and happy. We are there for each other, win or lose,” she said in a statement. “If I didn’t get to play with the other girls on my team, it would disconnect me from so many of my friends and school would be so much harder.”
The lawsuit alleges that both girls have been diagnosed with gender dysphoria, feelings of distress due to a mismatch between their birth sex and their gender identity. Both are taking medications to block puberty to prevent physical changes, such as muscle development, facial hair or a deeper voice, that could contribute to that distress.
The lawsuit argues that New Hampshire’s law violates constitutional protections and federal law by denying teens equal educational opportunities and discriminating against them for being transgender.
The lawsuit names New Hampshire Education Commissioner Frank Edelblut and other education officials as defendants.
Sara Tirrell and Jessica Vocaturo
Preliminary deal could allow transgender athletes to play
According to the Boston Globe, a tentative agreement would allow the athletes to play on their high school teams while legal arguments are discussed.
Citing court documents, the newspaper reported that the attorneys had agreed to file a joint agreement by 10 a.m. Monday that would allow participation and shield the school districts from liability while the preliminary injunction is being processed.
“Fairness in Women’s Sports Act”
New Hampshire Republican Governor Chris Sununu signed the Fairness in Women’s Sports Act last month, which goes into effect next week.
He said at the time that the bill had broad support, with New Hampshire joining nearly half of all U.S. states that have passed such a measure.
The law “ensures fairness and safety in women’s sports by maintaining integrity and competitive balance in athletic competition,” Sununu said in a statement last month.
Both the education commissioner and the governor referred questions to the Department of Justice, which said it was investigating the complaint and would “respond appropriately.”
Lawsuit asks for ‘immediate judgment’
Turmelle is entering her freshman year of high school at Pembroke Academy and says she’s looking forward to auditioning for both the tennis and track teams.
“I am a transgender girl, I have known that my whole life and everyone knows I am a girl,” she said in a statement. “I don’t understand why I shouldn’t have the same opportunities as other girls at school.”
The lawsuit, filed in U.S. District Court in Concord, seeks an immediate order allowing both girls to play or participate in tryouts. The girls and their families are represented by GLBTQ Legal Advocates & Defenders (GLAD), the ACLU of New Hampshire and Goodwin.
“New Hampshire cannot justify singling out transgender students and denying them essential educational benefits available to other students,” said Chris Erchull, a senior staff attorney at GLAD.
