In a recent decision, a federal judge in Miami has upheld a ban on transgender athletes competing with female sports teams, siding with Florida Governor Ron DeSantis. The ruling comes as DeSantis, a Republican who is now running for president in 2024, championed the Fairness in Women’s Sports Act, also known as SB 1028, which he signed into law in 2021. The legislation aims to empower women and girls in Florida by ensuring fair competition and protecting opportunities like college scholarships for female athletes.
The 39-page decision, dated Monday, was made by U.S. District Judge Roy Altman, an appointee of former President Donald Trump. Altman determined that the law, which separates public-school sports teams by biological sex, does not violate the Equal Protection Clause of the Fourteenth Amendment of the U.S. Constitution. The judge argued that the law’s sex-based classifications are substantially related to the state’s important interest in promoting women’s athletics.
The lawsuit challenging the constitutionality of the law was brought by a Broward County teen student, identified as D.N., through the Washington, D.C.-based group Human Rights Campaign. D.N. argued that the law treated transgender girls differently from both cisgender girls and transgender boys. Altman acknowledged this discrepancy but stated that not all gender-based classifications violate the Equal Protection Clause.
The judge also rejected the student’s arguments that the law violated Title IX, a federal statute prohibiting sex-based discrimination in educational institutions that receive federal aid, and dismissed the claim that the legislation violates the due process right to privacy. Altman had previously tabled the lawsuit to await a ruling in the U.S. Court of Appeals for the Eleventh Circuit regarding the state’s transgender bathroom law in St. John’s County.
The Broward County student now has until November 21 to file an amended complaint demonstrating how Title IX prohibits the state from treating D.N., as a biological male, differently than biological females. Altman suggested that the student could refile the equal protection claim arguing for discriminatory animus.
The ruling has sparked public debate, with supporters of the law arguing that it protects the integrity of women’s sports and ensures fair competition, while critics argue that it discriminates against transgender athletes and infringes on their rights. The Human Rights Campaign, which represented the plaintiffs, is actively working with them on potential next steps.
In response to the ruling, the Broward County School Board issued a statement reaffirming its commitment to inclusivity and support for transgender youth. The board described transgender youth as among the most misunderstood and marginalized within the school community.
The decision by Judge Altman is seen as a victory for Governor DeSantis and his Republican allies, who have been advocating for stricter regulations on transgender athletes. With DeSantis eyeing a presidential run, his stance on this issue is likely to appeal to conservative voters.
Critics, however, argue that the ruling perpetuates discrimination against transgender individuals and undermines their rights. They believe that inclusive policies that allow transgender athletes to compete based on their gender identity are necessary to promote equality and inclusivity.
As the debate continues, it remains to be seen how this ruling will impact transgender athletes and the broader fight for LGBTQ+ rights in sports.
