Federal Lawsuit Against Transgender Athlete Inclusion Policy Dismissed

NEW YORK, NY — A lawsuit filed two years ago by four former Connecticut high school track and field athletes, claiming the inclusion of transgender males in girls' running events cost them opportunities for championships and scholarships, was dismissed Friday by a 3-judge panel of the 2nd U.S. Circuit Court of Appeals in Manhattan.

The federal lawsuit, filed by the Alliance Defending Freedom on behalf of Selina Soule of Glastonbury, Chelsea Mitchell of Canton, Alanna Smith of Danbury and Ashley Nicoletti of Newtown, had been dismissed in April 2021. The defendants were the Connecticut Association of Schools-Connecticut Interscholastic Athletic Conference (CAS-CIAC), and the boards of education of public school districts in Bloomfield, Cromwell, Glastonbury, Canton and Danbury.

At issue was the participation of transgender girls Terry Miller of Bloomfield High School and Andraya Yearwood of Cromwell High School in girls' track and field. The allowance of the pair to compete was in alignment with the CAS-CIAC policy, enacted in 2013 and based on a state law which allows student-athletes to compete in high school sports according to their gender identity.

The situation first attracted a bit of attention at the 2017 State Open outdoor track championships, when Yearwood, then a freshman, placed third and eighth in the 100- and 200-meter dashes, respectively. Mitchell finished eighth and 14th in those events. The following spring, Miller, then at Bulkeley High School, took first place in the State Open 100 meters, followed by Yearwood in second, Mitchell fourth and Soule sixth. Miller also won the 200 meters, with Yearwood seventh and Mitchell 10th.

In 2019, the indoor State Open 55-meter dash was won by Miller, who has transferred to Bloomfield, followed by Yearwood and Mitchell; Soule was a distant eighth. Miller was also victorious in the 300 meters.

Outdoors that spring, Miller was the top preliminary qualifier in the 100 meters, but was disqualified for a false start in the finals, giving Mitchell the championship. Smith, a freshman at the time, placed third, Yearwood was fourth and Soule was 14th. Miller did repeat as champion in the 200 meters, with Smith third and Mitchell fourth. Smith also captured the 400-meter title.

The lawsuit claimed "the participation of transgender females in girls' high school athletic events results in 'students who are born female' having materially fewer opportunities for victory, public recognition, athletic scholarships, and future employment 'than students who are born male.'"

Shortly after the suit was filed, the spring 2020 season was canceled due to the coronavirus pandemic. Miller, Yearwood, Soule and Mitchell graduated that June, a factor which weighed heavily in U.S. District Judge Robert N. Chatigny's decision to dismiss the case.

Following an appeal hearing, the panel issued a 29-page decision upholding Chatigny's dismissal.

"All four plaintiffs regularly competed at state track championships as high school athletes, where plaintiffs had the opportunity to compete for state titles in different events," the panel wrote. "And, on numerous occasions, plaintiffs were indeed ‘champions,’ finishing first in various events, even sometimes when competing against Yearwood and Miller."

After Friday's case dismissal, CAS-CIAC Executive Director Glenn Lungarini released the following statement:

"The CIAC was confident in its inclusionary policies from the onset of this case. The CIAC is pleased with the decision of the Second Circuit Court of Appeals to uphold the lower court's dismissal."

The complete decision may be viewed here.