New Hampshire court hears case over transgender girls playing sports and right to protest
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New Hampshire court hears case over transgender girls playing sports and right to protest

CONCORD, NH (AP) — Two lawsuits involving transgender girl athletes — one challenging a state ban in schools and the other over the right to protest transgender participation on girls’ teams — were the subject of hearings in federal court in New Hampshire on Thursday.

The first case involves two transgender teenage girls, one who played soccer on the girls’ team last fall and another who plans to participate on the track team this winter.

A federal judge ruled earlier this year that the teenagers can try out and play in school sports teams for girls. The order only applies to these two individuals at this time as they seek to repeal the Fairness in Women’s Sports Act on behalf of all transgender female students in New Hampshire.

Attorneys for the teenagers said in court Thursday that they hoped the matter could go to trial and be resolved before the next school year starts in September. They said the teenagers’ school district and others in the state have asked for guidance on the law. Lawyers for the state said they needed more time to prepare.

Judge Talesha Saint-Marc suggested the timing of the trial was ambitious and asked both sides to talk further about scheduling.

The law, signed by Gov. Chris Sununu in July, bans transgender people in grades 5 through 12 from teams that match their gender identity. It requires schools to designate all teams as either girls, boys or coed, with eligibility determined based on students’ birth certificates “or other evidence.”

Sununu had said it “ensures fairness and safety in women’s sports by maintaining integrity and competitive balance in athletic contests.” About half of the states have adopted similar actions.

In the second case Thursday, a judge was expected to hear from Bow school district officials who defended their decision to bar parents from wearing pink armbands emblazoned with “XX” — representing the female chromosomes — at a high school girls’ soccer game in September. The parents sued the district.

Parker Tirrell, one of the transgender girls who challenged the state’s ban on participation, played on the opposing team that day.

The district issued a no-trespass ban that banned two parents from school grounds because they were wearing the bracelets. These orders have since expired.

The judge was also expected to hear from the parents, who say their First Amendment rights were violated. They have sought a court order against the school district.

“Although the fall football season has ended, the plaintiffs intend to continue wearing their armbands at other schools outside of school events — such as swim meets and cross country meets — this school year and in future school years,” the parents said in a court filing.

School district officials said they acted appropriately.

The district “properly exercised its duty to protect Parker Tirrell from intimidation and harassment during the game,” a court document states.

It also said it issued reasonable sanctions against the two parents “for conduct they knew violated the school’s sporting event policy.”