Aug. 19 – Parker Tirrell was allowed to practice with her high school’s girls soccer team Monday night after a federal judge temporarily blocked enforcement of a new state law that excludes transgender girls from girls’ sports.

The families of Tirrell and Iris Turmelle filed a lawsuit in federal court last week against the state education commissioner, members of the state and local school boards, and their respective school districts. Tirrell is 15 and will be a 10th-grader at Plymouth Regional High School. Turmelle is a 14-year-old and will be a 9th-grader at Pembroke Academy.

U.S. District Court Chief Judge Landya McCafferty issued a temporary restraining order blocking the law on Monday afternoon.

“We are very pleased with the judge’s decision. It is consistent with our expectations because we know this law is unfair and violates the rights of transgender girls in New Hampshire,” said Chris Erchull of GLBTQ Legal Advocates & Defenders (GLAD), who is representing Tirrell and Turmelle along with the American Civil Liberties Union of New Hampshire.

House Bill 1205 requires student-athletes in grades 5 through 12 who participate in an interscholastic sports activity or a club sports team sponsored by a public school or a private school whose students or teams compete against a public school to play on teams whose biological sex matches that shown on the student’s birth certificate. Gov. Chris Sununu signed the bill last month and it went into effect this week.

The injunction is in effect for 14 days. In the next two weeks, lawyers for both sides will schedule a hearing to discuss a broader injunction that would prevent the state from enforcing the law until the litigation is resolved.

Erchull said the state law causes irreparable harm to transgender students and violates Title IX, a federal civil rights law that prohibits sex discrimination in educational programs and activities.

Played last season

“There’s no way to undo the damage that comes from being excluded from participating in practices or games with your friends,” he said. “There’s no way to compensate someone later for the stigma they carry when they experience discrimination when the entire state legislature passes a law designed to keep them from school sports just because of a trait they have no control over. It’s just part of who they are.”

Tirrell played on the girls’ soccer team last season, has been accepted as a girl in her school and community and has no advantage over other girls who play sports, Erchull said.

Before issuing the order, McCafferty questioned how a transgender girl who has not yet reached puberty could violate the new law’s goal of fair and safe competition. McCafferty said the state does not dispute doctors’ evidence that Tirrell has no physiological advantage because she has been treated with puberty-blocking drugs to prevent testosterone from changing her body. Tirrell was assigned male at birth.

In addition, Tirrell’s rights under the equal protection principles of the 14th Amendment and Title IX are more important than the misperception of her supposed athletic abilities, McCafferty said.

“The judge has ruled that applying HB 1205 to transgender girls like Parker likely violates Title IX and the U.S. Constitution. So if schools are concerned about supporting the rights of transgender students under these laws, then I hope that will influence their view of HB 1205,” Erchull said.

District Attorney Michael DeGrandis said a restraining order was not necessary and Tirrell would not be harmed by not playing football. McCafferty disagreed.

The New Hampshire Interscholastic Athletic Association has had the same rules regarding gender and eligibility of student-athletes since 2015. Erchull said there is no reason not to follow those guidelines.

“I do not believe there is any reason for the state parliament to address the issue of changing this policy, especially since this policy has been in place for years and continues to be effective in ensuring that the rights of transgender students are respected,” he said.

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