Federal Judge Temporarily Blocks New Hampshire's Transgender Sports Ban Bill

Photo byGetty Images

A federal judge has temporarily blocked New Hampshire's new transgender sports ban from being enforced against a 15-year-old transgender girl, Parker Tirrell, allowing her to join her high school soccer team's practice on Monday evening. The decision, issued by U.S. District Court Judge Landya McCafferty, came just one day after the law took effect.

The law, House Bill 1205, prohibits students in grades 5 through 12 who were born biologically male from participating in girls' sports teams, even if they are transgender. The law has faced significant opposition from LGBTQ+ advocates who argue that it discriminates against transgender students and violates their constitutional rights.

Tirrell, a student at Plymouth Regional High School, was informed by the Pemi-Baker Regional School District that she would not be allowed to participate in the girls’ soccer practice due to the new law. This prompted an emergency hearing in federal court on Monday, where Judge McCafferty granted a temporary restraining order, preventing the state and the school district from enforcing the ban against Tirrell until further hearings can be held.

“Parker has demonstrated that she is likely to succeed on the merits of her case,” Judge McCafferty stated after the hearing. The judge's ruling, however, is currently limited to Tirrell, though the plaintiffs are seeking a broader injunction that would pause the law for all student-athletes in New Hampshire.

The legal challenge was brought by GLBTQ Legal Advocates & Defenders (GLAD) and the American Civil Liberties Union (ACLU) of New Hampshire on behalf of Tirrell and another transgender student, Iris Turmelle. The plaintiffs argue that the law violates the equal protection clauses of the U.S. Constitution and Title IX, which prohibits sex-based discrimination in federally funded education programs.

During the hearing, GLAD attorney Chris Erchull argued that preventing Tirrell from participating in sports would cause her irreparable harm, subjecting her to discrimination and potential stigma among her peers. Erchull also noted that both Tirrell and Turmelle had undergone hormone therapy, negating any physical advantage they might have had over cisgender girls.

The state, represented by Michael DeGrandis from the New Hampshire Attorney General’s Office, argued that missing a single sports practice did not constitute irreparable harm and defended the law as necessary to protect fairness in girls’ sports. However, Judge McCafferty expressed skepticism about the state's position, questioning how the law served its intended purpose in Tirrell’s case, especially given the lack of a physiological advantage due to her hormone therapy.

The temporary restraining order is the first step in what is expected to be a lengthy legal battle. The next court hearing is anticipated within weeks, where plaintiffs’ attorneys will seek a broader temporary injunction to prevent the law from being enforced against any transgender students while the case is heard.

As this case moves forward, it could have significant implications for similar laws across the country and may eventually be reviewed by the U.S. Supreme Court.