NEW YORK, NY- A case currently making its way through the U.S. Court of Appeals for the 2nd Circuit bears watching closely with the possibility of having serious implications on Title IX and allowing biological males to compete in girls’ sports.
The case, Soule v. Connecticut Association of Schools was dismissed by a federal judge in 2021, however attorneys for the Alliance Defending Freedom pushed the case up the appeals court in pursuit of justice for the young women they represent, The Post Millennial reports. Opening arguments began last Thursday in the case.
The case involves biological males being allowed to compete in girls’ sports and pits those who believe the inclusion of biological males in female sports is destroying girls’ athletics against the wokeness of the Biden administration and their sycophants.
The Biden administration has made it clear where they stand, where despite claiming to support women, while when the rubber hits the road there is no such support.
The only apparent area where the administration supports women is when it comes to their ability to slaughter their unborn children for whatever reason they choose. That fact isn’t lost on the Alliance Defending Freedom.
“The Biden administration has its head in the sand and is not paying attention to the real world impact of gender identity policies and how devastating they are for female athletes,” ADF Senior Counsel Christiana Kiefer told The Post Millennial.
Despite the obstacles being put up by the administration, Kiefer remains undeterred.
“I was actually really encouraged by the questions from the bench in court on Thursday,” Kiefer told the outlet, “because I think the court understands that records are important and that is a basis to continue moving forward with the case and allowing us to make our full arguments and focus under Title IX.”
For those who may not be familiar with the case, it involves four (real) female high school athletes in Connecticut who were forced to compete in women’s track against biological males. In this case, the two biological males decided to identify as female and were therefore allowed to compete in the women’s competition.
Since male muscle mass is so much more developed than females, the two biological males were given an overwhelming advantage against the female competitors. After losing out to the biological males for some time and along with those losses missing out on college scholarships, the females sued the State of Connecticut for Title IX violations.
“Each one of the athletes has suffered either being bumped down in the rankings or denied championship titles,’ Kiefer said.
The case was thrown out by a federal judge in 2021 with him claiming the female athletes had “no standing.”
The ADF disagrees noting that “having records that don’t rightly reflect your achievements, is a sufficient injury, to have Article Three standing in federal court and to keep moving forward.”
Conversely, the two males who were pretending to be female also believe they have standing, claiming that they also would be adversely affected since if the girls’ records were adjusted to reflect what their standing would have been without the male competitors being in the contests, their scores would also be likewise adjusted.
“Chelsea Mitchell, four times, was the fastest [real] female in a state championship race, and was never named state champion in those races because biological males bumped her down in the rankings,” it was reported in USA Today, with Mitchell explaining her dilemma.
Showing no apparent intestinal fortitude, USA Today then scrubbed the article, ostensibly so as to not offend the trans mafia.
“Alana Smith, as a freshman, was at this very important elite meet. She would have come in as a runner up and was bumped down in the rankings by a male,” Mitchell said.
“Selina Soule lost the opportunity to advance to the next level of the statewide competition because of males, and so we want the girls’ records to be fixed and to rightly reflect their accomplishments,’ Kiefer said.
The two biological males who were permitted to compete against the female athletes, Andraya Yearwood and Terry Miller switched teams in 2017-18. Both were of course applauded for their “bravery” by the far left, while the true female athletes were kicked to the curb. So they sued.
In February 2020, Soule, Smith and Mitchell sued the State of Connecticut, alleging that the state clearly violated Title IX, part of the Civil Rights Act which requires government agencies to provide equal opportunity for male and female athletes in education.
The plaintiffs allege that by permitting biological males to compete against females, the State of Connecticut tilted the playing field in favor of the males.
In the initial case, Judge Robert N. Chantigny ordered attorneys for Alliance Defending Freedom to refer to the two biological males as “transgender females,” claiming that “referring to these individuals as such is consistent with science [forget about the whole chromosome thing], common practice and perhaps human decency.”
Remember, liberals were all about “following the science” when it came to COVID, but apparently not when it comes to determining gender.
“If a judge dictates what words parties have to use,” ADF attorneys said at that time, “It can bias the case. It is essential that every litigant be able to present their case to an impartial court in the way that they believe is the most accurate and true to the facts. We’ve explained in our brief how the judge’s order prevents us from doing that for our clients.”
You might not be surprised to learn that the policy allowing males to compete in female sports in Connecticut was implemented by Miguel Cardona, then the head of the Connecticut Department of Education who is now pushing his radical agenda at the federal Department of Education.
Cardona claimed the policy was based on “fairness” between “gender identities” and not biological sex.
Kiefer told The Post Millennial that female athletes in the state of Connecticut as well as their families reached out to all levels of government trying to obtain some sense of fairness in girls’ sports, all the way up to Cardona’s office.
“And they were simply shut down,” she said. “The were told multiple times, including by the Title IX coordinator at their schools, that ‘girls have a right to participate, but not to win.’”
“They said that in writing,” Kiefer said. “Girls have a right to participate, not to win.”
The clearly unhinged Cardona has brought his radical mindset to the federal Department of Education and is trying to force his extremist policies on the entire country. In fact, there is currently a set of changes proposed to make changes to Title IX, which has received tens of thousands of comments from concerned parents.
“The Biden administration’s proposed changes to Title IX are flatly unlawful,” Kiefer told the PM. “They are attempting to rewrite federal law by executive fiat, and they simply do not have the congressional authority to do that. They do not have legal authority in the statute,” she said, nor any sort of Supreme Court precedent that would authorize them t make the type of radical changes they’re attempting to do to Title IX.”
Kiefer outlined the failures such policies have caused, particularly in Connecticut.
“In Connecticut,” she said, “We had two male athletes alone and they swept 15 girls’ state championship titles over the course of just three years. They knocked girls out of more than 85 advancement opportunities to the next level of competition, and they set 17 new individual meet records.”
Those who defend the participation of males in female sports claim proponents of only biological women participating in women’s sports are attempting to exclude those who are confused about their gender from participating in sports, which is clearly not the case. They also wrongly claim that forcing females to compete against biological males are “not harmed.”
In defending forcing women to compete against biological males, the Washington Post attempts to cite a 2020 ruling in the Bostock case as forcing females to compete against biological males no matter the potential harm.
“The Biden administration specifically takes the Bostock decision and misapplies it,” Kiefer told the PM. “The Supreme Court was really clear in Bostock that its decision was a limited holding. It arose in the context of federal employment discrimination law. And the Court specifically said that they were leaving other questions and other contexts, including bathrooms, athletics and the like for another day.”
“For the Biden administration to try to stretch a Supreme Court decision in this way and attempt to argue that it has some sort of gender ideology mandate is simply false.”
The cognitive dissonance between Democrats attempting to be women’s rights advocates when it comes to abortion, while undermining women’s rights when it comes to athletics is mind-boggling.
They are more concerned with kowtowing to the radical left while screwing over athletes on scholarships, award, titles and records.
And that is why it is important this case be overturned in favor of the female athletes by the 2nd Circuit Court of Appeals.
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