Colorado lawsuit settlement ensures schools can separate sports by biological sex without penalty
NEWNow you can listen to News articles!
A coalition of Colorado school districts has reached an agreement with the state’s high school sports association that ensures districts can enforce rules to protect women’s sports from biological trans male athletes.
Rep. Jeff Crank, R-Colo., announced the deal in a post Thursday.
“Biological males NEVER belong in biological female sports, period. The Colorado High School Activities Association finally made the right decision and will STOP penalizing school districts that protect female sports,” Crank wrote.
CLICK HERE FOR MORE SPORTS COVERAGE ON News
Colorado District 49 led a lawsuit against the Colorado High School Activities Association (CHSAA) in May, challenging Colorado state laws and CHSAA bylaws that required schools to allow transgender student-athletes to participate on teams that match their gender identity.
District 49 had just instituted its own policy classifying all school sports teams by “biological sex,” prohibiting men from playing on teams or sharing locker rooms and hotel rooms with women.
Colorado state law and CHSAA statutes are among many Democratic states that require schools to allow students to play on sports teams and use facilities that match their gender identity, not their sex, at birth.
TRACK STAR WHO PROTESTED TRANS ATHLETE ALLEGES HE WAS NOT GIVEN HER MEDAL FOR MONTHS UNTIL SHE FILED LAWSUIT
“The political culture is very imbalanced on gender issues. Our lawsuit seeks a rational correction to excessive accommodations,” District 49 Superintendent Peter Hilts told News Digital at the time.
“Our state athletic association simultaneously advocates for equity and discrimination. We asked them to resolve that discrepancy and they refused, so we were forced to seek a legal ruling.”
CLICK HERE TO DOWNLOAD THE News APP
In exchange for this recent settlement, the plaintiff school districts are now dismissing their claims against CHSAA and have agreed to pay the association $60,000 to help cover its operational and legal costs of the lawsuit, according to Colorado Public Radio.
CHSAA responded to Thursday’s developments in a new statement provided to News Digital.
“The Colorado High School Activities Association (CHSAA) has recognized from the beginning the complex challenges created by conflicting federal directives and state laws, as well as the difficult position this places member schools and districts in. CHSAA affirms that courts are ultimately responsible for determining how laws governing the participation of transgender athletes are applied,” the statement said.
“The association has never penalized a school or district for its policies on this issue, nor has it dictated what those policies should be. Eligibility decisions have always been left up to individual schools and districts, which is why being named in this lawsuit was frustrating and unnecessary.
“At no time prior to filing this lawsuit did plaintiffs engage in any dialogue with CHSAA. No communication was made to inquire about our policies, our procedures, or the steps we had already taken to support schools navigating these issues. Instead, CHSAA was ordered to make a change, and a lawsuit was filed shortly thereafter, a decision we believe was far more performative than substantive.
“This litigation consumed time and resources without producing any changes to the way CHSAA operates. The settlement does not change anything about our policies, our practices or our authority, and the fact that it does not create changes only underscores how unnecessary this lawsuit was.
“We are confident that our bylaws were followed throughout this process, and the settlement confirms that all legal fees will be covered by the plaintiff districts and the schools involved. Most importantly, this resolution closes without any ongoing financial impact on the rest of our members.
“CHSAA remains dedicated to maintaining its commitment to fostering a safe environment for all students participating in educationally based sports and activities.”
Follow News Digital sports coverage in Xand subscribe to the News Sports Huddle newsletter.
Jackson Thompson is a sports reporter for News Digital covering critical political and cultural issues in sports, with an investigative lens. Jackson’s reporting has been cited in federal government actions related to Title IX enforcement and in mainstream media outlets such as The New York Times, The Los Angeles Times, The Philadelphia Inquirer, The News and ESPN.com.