As the Daily Citizen reported last August, a federal judge in Indiana issued a preliminary injunction blocking that state’s new law protecting girls and women’s school sports from participation by males claiming to be females. At the time, Indiana was the 17th state to pass such a law, which restricts school female sports participation to the female sex, as determined at birth.
The American Civil Liberties Union (ACLU) represents an 11-year-old boy in the Indiana case who wanted to compete on his school’s girls softball team. The federal district court’s decision in favor of the boy was on appeal to the 7th U.S. Circuit Court of Appeals, but that appeal has been short-circuited by a dismissal of the case, agreed to by all parties.
The reason? According to the court papers, the ACLU’s client has switched schools to one not operated by the defendant in the case, the Indianapolis Public Schools. Therefore, the case is moot, meaning there is no longer an actual dispute to resolve.
What does that mean for the Indiana law that is presently blocked by the lower court injunction?
According to Alliance Defending Freedom (ADF), which submitted an amicus brief to the 7th Circuit on behalf of seven female athletes it represents, the dismissal works in favor of Indiana.
“Now that the case has been dropped, the lower court decision will be vacated, and Indiana’s law will go into effect,” states an ADF press release.
ADF Legal Counsel Rachel Csutoros explained why this dismissal is important to female athletes.
“Biological distinction in sports is not just commonsense, it is necessary to ensure girls can continue to play the sports they love on a fair and level playing field,” Csutoros said. “Indiana joins a growing coalition of states that has enacted laws to preserve fair competition for female athletes. We’re pleased to favorably close this case to the benefit of the brave female athletes we represent who are speaking out to protect the future of women’s sports.”
This is the second victory for state laws protecting female athletes this month. On January 5, a federal judge in West Virginia upheld the legality of that state’s law, House Bill 3293. U.S. District Judge Joseph Goodwin rejected claims that protecting females from unfair competition from males claiming to be females violated the U.S. Constitution and Title IX, the federal law prohibiting sex discrimination in federally funded school programs, including sports.
“While some females may be able to outperform some males, it is generally accepted that, on average, males outperform females athletically because of inherent physical differences between the sexes,” Judge Goodwin wrote in his decision. “This is not an overbroad generalization, but rather a general principle that realistically reflects the average physical differences between the sexes.
“Given [Plaintiff] B.P.J.’s concession that circulating testosterone in males creates a biological difference in athletic performance, I do not see how I could find that the state’s classification based on biological sex is not substantially related to its interest in providing equal athletic opportunities for females.”
Laws like Indiana’s are commonsense protections against the woke gender ideology that insists that sex is merely a social construct that can be ignored whenever someone is suffering from sexual identity confusion. Instead of helping young males and females learn to accept their sexual identity, the radical Left pushes a sexual agenda that not only ignores biological realities, but can pose a danger to females forced to compete against bigger, faster and stronger males.
“Male and female He created them…” (Genesis 5:2 ESV). Keeping men out of female sports not only shows respect for women, but is in keeping with God’s design for men and women.
Photo from Shutterstock.