Judge extends temporary order for transgender New Hampshire girl to play soccer, hears arguments
CONCORD, NH — A federal judge on Tuesday extended a temporary injunction for a transgender girl to play soccer for her high school team. Meanwhile, arguments for a longer injunction and a possible trial are being considered as the teen and another student challenge a ban in New Hampshire.
The families of Parker Tirrell, 15, and Iris Turmelle, 14, a lawsuit filed Aug. 16 to repeal the Fairness in Women’s Sports Act, which Republican Gov. Chris Sununu signed last month. While Turmelle doesn’t plan to play sports until December, Tirrell successfully filed for an emergency order that would allow her to begin playing soccer on Aug. 19.
U.S. District Court Chief Judge Landya McCafferty ruled that Tirrell likely prevailed on the merits of the case. She extended that order Tuesday, the day it was set to expire, for another two weeks through Sept. 10. McCafferty also heard arguments on the plaintiffs’ broader motion for a preliminary injunction blocking the state from enforcing the law while the case proceeds.
McCafferty also raised the possibility of a tryout this fall before the winter season begins for Turmelle, who is transferring to another school.
Chris Erchull, Attorney at GLBTQ Legal Advocates & Defense attorneys representing the students said he would be ready for trial. Michael DeGrandis, a lawyer for the state, said he would have to discuss that with the attorney general’s office.
“Once Iris walks into school next week, she will be harmed by the way this law affects her,” Erchull said in a press conference afterward. “She has no guarantees that she will be able to participate in school sports this year.”
The lawsuit alleged that the law violates constitutional protections and federal law by denying teens equal educational opportunities and discriminating against them for being transgender.
Attorneys for the state said the teens’ lawyers have failed to prove their case and have not shown why alternatives, such as participating on mixed teams, could not be an option.
The bill signed by Sununu would ban transgender athletes in grades 5 through 12 from teams that match their gender identity. It would require schools to designate all teams as all-girls, all-boys or mixed, with eligibility determined based on students’ birth certificates “or other proof.”
Sununu had said it “ensures fairness and safety in women’s sports by maintaining integrity and competitive balance in athletic competition.” He said it added the state to nearly half in the nation who took similar measures.
The rights of transgender people, especially young people, have become an important issue political battlefield In recent years, as transgender visibility has increased. Most Republican-controlled states have banned gender-affirming health care for transgender minors, and several have passed policies restricting which school bathrooms transgender people can use and excluding trans girls from some sporting events.