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Connecticut's transgender athlete policy faces renewed legal challenge

A federal appeals court will reconsider an earlier decision that allows transgender athletes to compete in girls athletics in the state of Connecticut.

Two months after three Connecticut judges ruled transgender females could participate in girls high school sports, a federal appeals court is reconsidering the case.

Four female athletes sought to overturn the policy, saying they were robbed of public recognition, athletic scholarships and better standings at meets because they competed against "students who are born male." The state allows those born male to compete against girls if they identify as girls.

Selina Soule, Chelsea Mitchell, Alanna Smith and Ashley Nicoletti filed their lawsuit in February 2020 looking for a "fair chance" as two transgender sprinters, Terry Miller and Andraya Yearwood, consistently finished at or near the top in high school meets. 

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Mitchell finished third in the 2019 state championship in the girls 55-meter indoor track competition behind both Miller and Yearwood. Miller and Yearwood were born biologically male but identify as female, and from 2017 to when the lawsuit was filed, they had won 15 girls state indoor or outdoor championship races combined.

Alliance Defending Freedom, an American conservative Christian nonprofit, represented the young women in the federal lawsuit, and a lawyer with the organization, Christiana Kiefer, was pleased with the court's decision to reconsider the challenge.

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"Every woman deserves the respect and dignity that comes with having an equal opportunity to excel and win in athletics, and ADF remains committed to protecting the future of women’s sports," Kiefer said in a statement.

"Girls deserve to compete on a level playing field. Forcing them to compete against boys isn’t fair, shatters their dreams and destroys their athletic opportunities," Alliance Defending Freedom attorney Christiana Holcomb said at the time of the lawsuit. 

"Having separate boys and girls sports has always been based on biological differences, not what people believe about their gender, because those differences matter for fair competition. And forcing girls to be spectators in their own sports is completely at odds with Title IX, a federal law designed to create equal opportunities for women in education and athletics."

The debate has become a much hotter topic within the last year as Lia Thomas, a transgender female, won a national championship in NCAA Division I swimming.

"I have faced discrimination in every aspect of my life, and I no longer want to remain silent," Miller said when the lawsuit was filed. "I am a girl, and I am a runner. I participate in athletics just like my peers to excel, find community and meaning in my life. It is both unfair and painful that my victories have to be attacked and my hard work ignored."

Eighteen states have passed laws banning transgender females from competing in girls sports, saying it gives them an unfair advantage.

Fox News' Chris Pandolfo and The Associated Press contributed to this report.

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