ACLU moves to dismiss transgender lawsuit as case returns to U.S. District Court in Hartford

The ACLU of Connecticut filed a motion to dismiss a lawsuit Friday involving transgender athletes as Judge Robert Chatigny heard arguments from both sides regarding the controversial case in U.S. District Court in Hartford.

It’s uncertain when Chatigny will rule on the case, which has been ongoing since 2020, when four Connecticut cisgender female high school track athletes, represented by the conservative Christian law firm Alliance Defending Freedom, filed a federal lawsuit seeking to reverse the Connecticut Interscholastic Athletic Conference rule that allows transgender athletes to compete in sports corresponding with their gender identity.

Selina Soule, Alanna Smith, Chelsea Mitchell and Ashley Nicoletti filed the lawsuit after competing in track races between 2017-2020 against Terry Miller and Andraya Yearwood, both transgender girls, who are represented by the ACLU. The plaintiffs argued they lost out on scholarship opportunities, the chance to win races and be champions.

Chatigny dismissed the case in April 2021 on procedural grounds, stating that the transgender athletes had graduated from high school and the plaintiffs could not identify other transgender athletes competing at that point.

The ADF appealed the case and initially, the Second U.S. Circuit Court of Appeals in New York City upheld Chatigny’s ruling in December 2022 but then decided to rehear the case with a full panel of 15 judges in June 2023. Last December, the appeals court reinstated the civil rights suit and sent the case back to Chatigny.

The four are seeking financial compensation from the CIAC and also want the CIAC to remove the names of transgender athletes from state athletic records and realign the placements of the cisgender athletes.

“We were very happy with the way court went today,” ADF legal counsel Rachel Rouleaux said Friday. “The judge asked some pretty difficult questions, and he really listened to our arguments so we’re hopeful.”

Dan Barrett, the legal director of the ACLU of Connecticut said in a statement that the ACLU continues to defend inclusive policies in Connecticut schools and scholastic sports.

“Transgender students are students and deserve to have the same protection as their peers,” Barrett said. “Student-athletes should be able to participate in athletics. Today we again asked the court to rely on the facts of this case and not to deal in hypotheticals. Our clients demonstrably played by the rules. There is room for everyone in athletics and Connecticut schools should be proud that they refuse to discriminate.”