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A school district in Colorado is suing the State Athletic Association and Legal Attorney over the State Laws, which requires schools to allow biologically male transking athletes to compete in girls sports.
School District 49 (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 ensure that only female is participating.
But D49 goes a step further with preventive litigation after observing “rising tension between title IX obligations and the state system that requires discrimination against female student athletes” according to documents obtained by Pakinomist Digital.
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“Knowing that the approved policy would create resistance and potentially trigger legal challenges, D49 submitted a prior enforcement measure in the Colorado district of the federal legal system that sought declaring and injured relief,” the school district said.
The trial is aimed at Colorado High School Activity Association (CHSAA) and Law Attorney Philip J. Weiser and seeking legal protection for his new policy to protect girls sports.
The trial does not come in response to a particular incident of a trans athlete competing in the district. Instead, it is a response to the state’s sweeping policies that contradict the school’s obligation to comply with federal law, specifically title IX.
“Political culture is far out of balance in gender issues. Our lawsuit is looking for a rational correction for excessive accommodation,” D49 Superinterent Peter Hilts told Pakinomist Digital. “Our state athletic association is also in favor of equity and discrimination. We asked them to solve this discrepancy and they rejected, so we were forced to pursue a legal decision.”
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Lori Thompson, president of the School District 49 Board of Education, lamented the state’s current policies and their effect on competition among girls.
“Current Colorado Act requires us to violate title IX by taking opportunities to deserve girls and deliver them to boys,” Thompson told Pakinomist Digital.
Colorado is one of the many blue states that protects the rights of trans athletes in girls sports.
Students in the state can compete in either gender category if they inform their school in writing that their gender identity differs from their gender assigned at birth. CHSAA requires schools to make a confidential evaluation and all kinds of documentation are volunteers. Nor have any medical or legal requirements stated.
Weiser’s office responded to the trial in a statement delivered to Pakinomist Digital.
“The lawyer is obliged to defend Colorado’s Law on Discrimination.
Chsaa says it is aware of the trial, but it has not yet been officially preached, a spokesman Pakinomist said Digital.
“Should official notice be received, we will organize our team accordingly and continue through the relevant legal channels,” the spokesman added.
A representative of the legal company Miller farmer Carlson, representing D49, said the document has not been preached due to a lack of correspondence from CHSAA.
“The CHSAA advisor, Alex Halpern, has not responded to our requests to waive service. Unless he does tomorrow, we will just go ahead and earn their registered agent,” said Brad Miller.