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School district in Colorado takes legal action against state over transgender athletes in girls’ sports

Several Colorado school districts are suing the state athletic association and the attorney general over a law mandating that schools allow biologically male transgender athletes to compete in women’s sports. District 49 (D49) in El Paso County has felt compelled to change its policies to ensure that women’s participation is prioritized.

Documents reveal that D49 is taking proactive legal measures due to “increasing tension between Title IX obligations and the state system,” which they believe discriminates against female student athletes. The district is requesting a declarative and injunctive relief in federal court, expressing concern over potential legal challenges from their policies.

The lawsuit takes aim at Attorney General Philip J. Weiser and the Colorado High School Activities Association (CHSAA), seeking legal protections for women’s sports amid policies that appear to conflict with federal law, especially Title IX responsibilities.

D49 officials argue that current policies unfairly disadvantage female athletes. Lori Thompson, president of the district’s school board, criticized the law for putting girls at a disadvantage by allowing male students to compete in events designated for girls. Colorado is among several states that support the rights of transgender athletes in women’s sports.

In Colorado, students can compete in the category that aligns with their gender identity if they notify schools in writing. CHSAA has put in place arrangements for confidential assessments, and the paperwork involved is voluntary, with no medical or legal disclosures required.

The Attorney General’s Office has pledged to uphold Colorado’s anti-discrimination laws but offered no further details on the pending litigation. Meanwhile, CHSAA has acknowledged the lawsuit but has yet to receive formal notice. A representative mentioned that once they get it, they’ll organize their legal response accordingly.

The law firm representing D49 indicated that they are still awaiting a response from CHSAA’s attorney. Without that, they plan to proceed with their course of action.

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