“The record makes clear that, in passing this law, the legislature intended to prevent transgender girls from playing on girls’ sports teams,” Judge Joseph R. goodwin written in judgment, “But acting to prevent transgender girls, along with all other biological males, from playing on girls’ teams is not unconstitutional if the classification relates to a significant government interest.”
goodwin temporarily blocked the law in July of 2021, but now states will be able to implement it. On Thursday the Clinton-appointee acknowledged that: “I have no doubt that HB 3293 is intended to politicize participation in school athletics for transgender students.” But Goodwin said there is “not a substantial record of legislative opposition.”
Goodwin raised an issue over the state’s definitions of “girl” and “woman” based on biological sex. He also said that the law “which broadly mirrors Title IX” does not violate Title IX because transgender girls are not completely excluded from school sports.
“This isn’t just about simple biology, but fairness to women’s sports,” Attorney General Patrick Morris said in a statement in response to the opinion. “Opportunities for girls and women on the field are priceless and we must protect that future. Protecting these opportunities is important, because women and girls lose their chance to shine when biological males compete in the race for females.
What else is in the verdict: Goodwin’s decision is the latest blow to transgender students and advocates who have pushed back against restrictive state laws passed in the past few years that bar them from playing on women’s and girls’ sports teams. opinion is also a rebuke Biden administration move Protecting the rights of transgender girls to play on sports teams.
Administration’s first legal action to show its support for transgender student-athlete, was a statement of support Lawsuit filed on behalf of Pepper-Jackson, “a state law that limits or denies a particular class of people the ability to participate in publicly funded educational programs and activities because their gender identity does not match their sex as assigned at birth, Title IX and both violate the Equal Protection Clause,” the DOJ filing reads.
Goodwin wrote Thursday that there were inherent physiological differences between women and men, and that while Pepper-Jackson was able to take puberty-blocking medication, some transgender girls can’t take those drugs or don’t start taking them until puberty is completed. Can
Goodwin wrote, “Although sex and gender are related, they are not the same,” but she also acknowledged that “being transgender is natural and it is not a choice.”
What will happen next: Goodwin’s decision comes as South Carolina lawmakers may seek to define what it means to be a woman in its constitution. Other conservative states could follow as largely conservative-leaning groups are mounting a multipronged effort to build support for the Nine-Points.bill of rights for womenWhich would define many gender-related terms up to “mother” and “father”.
Goodwin wrote, “I will not get into the business of defining what it means to be a ‘girl’ or a ‘woman’.” “Courts have no business making such definitions, and I would be hard pressed to find many other contexts where one’s sex and gender are relevant legislative considerations.”
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