Blog

Girls Track Athletes Sue State Under Title IX for Allowing Transgender Runners to Compete

Posted by Joseph D. Lento | Jun 21, 2019 | 0 Comments

Three high school student athletes in Connecticut have filed a complaint with the U.S. Department of Education's Office for Civil Rights (OCR), claiming that the state's policy on transgender athletes violates Title IX.

Office for Civil Rights Complaint Says Connecticut Violates Title IX

The lawsuit has been filed by the conservative Christian advocacy group Alliance Defending Freedom on behalf of three girls who compete in high school track. The lawsuit targets a statewide policy in Connecticut that was created by the Connecticut Interscholastic Athletic Conference (CIAC), the organization governing high school sports throughout the state.

That policy allows transgender athletes to compete in sports according to their expressed gender identity, rather than their assigned sex. The policy had been created to comply with a Connecticut anti-discrimination law that requires schools to treat students according to their expressed gender identity.

Sixteen other states have similar policies in place.

The three girls behind the lawsuit, however, claim that competing against transgender athletes has cost them top finishes in races and potentially even college scholarships in track and field. Two of the girls filing the lawsuit have not revealed their identities.

The lawsuit demands that the OCR review the CIAC's policy and deem it a violation of Title IX.

Schools Between a Rock and a Hard Place

The lawsuit once again highlights an unfortunate aspect of Title IX law: Schools and educational organizations like the CIAC, here, are stuck between two sides of a dispute. No matter what they do, they are going to get sued.

In this case, if the CIAC refused to let the transgender runners compete in the women's class according to their gender identity, the transgender runners would have sued and claimed the decision violated state law. Because the CIAC allowed them to run in the women's division, they are being sued by other runners.

Federal Versus State Law

Whenever state law contradicts federal law, federal law is supposed to reign supreme. This is the Supremacy Clause in the U.S. Constitution, at Article VI, Clause 2. Even if the federal rule is just a regulation, like the mandates behind Title IX, it is supposed to trump state laws that run against it.

However, for the Supremacy Clause to apply, the state law truly has to contradict a federal one. Because the legal meaning of words like “sex” and “gender” are still in dispute when it comes to people who are transgender, it is unlikely that the resolution is going to be so simple.

Title IX Defense Lawyer Joseph D. Lento

Joseph D. Lento is a Title IX defense lawyer and a national Title IX advisor. If you have been accused of violating Title IX, attorney Lento can be a valuable ally. With his understanding of the tricky and often uncertain Title IX system, as well as strong advocacy and courtroom skills, attorney Lento can help you preserve your future by invoking your rights. Contact him online or call his law office at (888) 535-3686 to get started on your defense today.

About the Author

Joseph D. Lento

"I pride myself on having heart and driving hard to get results!" Joseph D. Lento has more than a decade of experience passionately fighting for the futures of his clients. Mr. Lento represents students and others in disciplinary cases and other proceedings at universities and colleges across the United States while concurrently fighting in criminal courtrooms in Philadelphia, the Pennsylvania counties, and New Jersey. Mr. Lento has helped countless students, professors, and others in academia at more than a thousand universities and colleges across the United States. He does not settle for the easiest outcome, and instead prioritizes his clients' needs and well-being. Joseph D. Lento is licensed in Pennsylvania, New Jersey, and New York, and is admitted pro hac vice as needed nationwide.

Comments

There are no comments for this post. Be the first and Add your Comment below.

Leave a Comment

Contact Us Today!

footer-2.jpg

If you, or your student, are facing any kind of disciplinary action, or other negative academic sanction, and are having feelings of uncertainty and anxiety for what the future may hold, contact our offices today, and let us help secure your academic career.

This website was created only for general information purposes. It is not intended to be construed as legal advice for any situation. Only a direct consultation with a licensed Pennsylvania, New Jersey, and New York attorney can provide you with formal legal counsel based on the unique details surrounding your situation. The pages on this website may contain links and contact information for third party organizations – the Lento Law Firm does not necessarily endorse these organizations nor the materials contained on their website. In Pennsylvania, Attorney Joseph D. Lento represents clients throughout Pennsylvania's 67 counties, including, but not limited to Philadelphia, Bucks, Chester, Delaware, Montgomery, Berks, Lancaster, Lehigh, and Northampton County. In New Jersey, attorney Joseph D. Lento represents clients throughout New Jersey's 21 counties: Atlantic, Bergen, Burlington, Camden, Cape May, Cumberland, Essex, Gloucester, Hudson, Hunterdon, Mercer, Middlesex, Monmouth, Morris, Ocean, Passaic, Salem, Somerset, Sussex, Union, and Warren County, In New York, Attorney Joseph D. Lento represents clients throughout New York's 62 counties. Outside of Pennsylvania, New Jersey, and New York, unless attorney Joseph D. Lento is admitted pro hac vice if needed, his assistance may not constitute legal advice or the practice of law. The decision to hire an attorney in Philadelphia, the Pennsylvania counties, New Jersey, New York, or nationwide should not be made solely on the strength of an advertisement. We invite you to contact the Lento Law Firm directly to inquire about our specific qualifications and experience. Communicating with the Lento Law Firm by email, phone, or fax does not create an attorney-client relationship. The Lento Law Firm will serve as your official legal counsel upon a formal agreement from both parties. Any information sent to the Lento Law Firm before an attorney-client relationship is made is done on a non-confidential basis.

Menu