EL PASO COUNTY, Colo. (KOAA) — School District 49 has filed a lawsuit against the Colorado High School Activities Association (CHSAA), Attorney General Phil Weiser, and others, saying laws in the state violate the constitution.
This comes after the District 49 School Board passed a policy Thursday banning athletes from participating in teams that differ from the gender they were assigned at birth.
The complaint says CHSAA bylaws and the Colorado Anti-Discrimination Act (CADA) require school districts to discriminate against female student athletes by allowing biological males to compete against girls and young women.
The Equal Protection Clause of the United States Constitution mandates D49 may not discriminate on the basis of sex. In the suit, D49 says depriving female students of fair athletic opportunities would constitute sex discrimination and violate the Constitution.
News5 reached out to Weiser's office. A spokesperson says the office is committed to defending the state's anti-discrimination laws.
A D49 spokesperson released the following statement regarding this lawsuit:
"Following the D49 Board of Education’s approval late last week of Policy JBA - Preserving Fairness and Safety in Sports, D49 legal counsel Brad Miller, of Miller Farmer Carlson Law, in consultation with a constitutional law expert, filed a lawsuit in federal court naming Colorado High School Athletic Association, the Colorado Civil Rights Division, and the state Attorney General (among others) as defendants.
The complaint observes that CHSAA bylaws and the Colorado Anti-Discrimination Act (CADA) require school districts to discriminate against female student athletes by allowing biological males to compete directly against girls and young women. In conflict with the aforementioned bylaws, The Equal Protection Clause of the United States Constitution mandates that D49 may not discriminate on the basis of sex. Depriving female students of athletic opportunities (participation, competition, and scholarships), would constitute sex discrimination in violation of The Constitution.
Initiating this action to seek legal protection for Policy JBA serves the following central purposes:D49 expects that CHSAA and other state mandates will ultimately align with the district’s position. The District has not had a response to the filing as of this writing."
- To prevent sex discrimination by ensuring fair athletic opportunities for female students
- To protect all students’ personal privacy rights affirmed by the Fourteenth Amendment
- To shield the District from liability under federal equal protection principles and Title IX.
You can view the lawsuit below or by clicking here:
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