Concord Monitor – Judge rules transgender girl can try out for soccer team

Concord Monitor – Judge rules transgender girl can try out for soccer team

Just hours after a court hearing in Concord, 15-year-old Parker Tirrell, a transgender girl, was on her way to lace up her soccer shoes and join her teammates for a tryout for the Plymouth Regional High School girls soccer team Monday night.

A federal judge ruled Monday that Tirrell could join the girls’ team, despite a new law in New Hampshire banning transgender girls from participating on female sports teams.

That preliminary victory came just days after she and Iris Turmelle, 14, another transgender high school student, filed suit challenging the state’s controversial law.

Chief Judge Landya McCafferty of the U.S. District Court in Concord ruled that Tirrell would “likely suffer irreparable harm” if she was barred from participating in the football tryouts, which began at 6 p.m. Monday.

“The undisputed fact is that there is no physiological or biological advantage because Parker did not go through puberty on testosterone,” Judge McCafferty said.

Tirrell and Turmelle and their families argued that the law violated their equal treatment rights and violated Title IX because it discriminated against them based on their gender and transgender status. Turmelle, who is entering her freshman year at Pembroke Academy, had no plans to play sports in the fall.

McCafferty’s decision was the culmination of four turbulent days for both families.

Last Thursday and Friday, the girls’ school districts informed their parents that they would no longer be allowed to play on girls’ sports teams starting Monday, one day after the new law goes into effect.

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They filed suit on Friday. Later that day, the girls’ lawyers and those representing the Department of Education reached a tentative agreement that allowed them to play while an initial motion was heard in court. But over the weekend, that agreement fell through because the lawyers could not agree on the wording of an agreement.

“We are very pleased with the judge’s decision,” said Chris Erchull, attorney for Tirrell and Turmelle. “It is also what we expected because we know this law is unfair and violates the rights of transgender girls in New Hampshire.”

The lawsuit names nearly two dozen defendants, including Frank Edelblut, commissioner of the New Hampshire Department of Education, members of the State Board of Education, the Pemi-Baker Regional and Pembroke school districts, and members of those districts’ school boards.

Diane Gorrow, an attorney for the Pemi-Baker School District, said Monday’s ruling “gives the district guidance” on how to enforce the law.

Chris Bond, chief legal counsel at the state Department of Justice, declined to comment on the court’s decision, saying only that the state would “present its legal arguments in court filings over the next few weeks.”

The law specifically prohibits students assigned male at birth from joining female teams and requires proof of gender through a birth certificate.

Both Tirrell and Turmelle take puberty-blocking drugs and hormone therapy that lowers their testosterone levels. This treatment delays the growth of facial and body hair, prevents their voices from deepening, limits the development of external genitalia, and restricts muscle growth.

New Hampshire is the 26th state to pass a law banning transgender girls from participating on girls’ sports teams. The law applies to girls in fifth through 12th grade.

Supporters of the law, which was passed in the narrowly divided parliament in the spring, said it was necessary to protect girls and ensure fairness in sport. Opponents counter that it unfairly discriminates against a small number of transgender girls.

Karolyn Domini, mother of an 11th-year high school student in Bow and former college athlete, had expected a court ruling in Tirrell’s favor but was disappointed.

While she supports the participation of transgender youth in sports, Domini is strongly opposed to transgender girls competing on girls’ teams.

“Girls should not have to sacrifice themselves, their health, their safety and their well-being,” she said.

“The public interest is not Parker Tirrell,” Domini added. “The public interest is all those biological women out there, the girls, that they are protected. That is the public interest that they are missing.”

Susan Stearns, executive director of NAMI NH, said any discriminatory law will have adverse effects on mental health. She believes House Bill 1205 is unnecessary because it “codifies discriminatory practices.”

“It really has a negative impact on children when they can’t develop as they should. This is a process of experimentation and self-expression and testing boundaries, all of the things we all go through, and that’s normal,” Stearns said. “We want all children in New Hampshire to realize that this is their home. It doesn’t matter who you are or where you come from, this is your home and you belong here.”

If you need help

The Trevor Project: A nationwide, 24/7, toll-free, confidential suicide hotline for LGBTQ youth. If you are a young person in crisis, having suicidal thoughts, or need a safe and nonjudgmental place to talk, call 1-866-488-7386.

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