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Judge extends temporary restraining order for New Hampshire transgender girls to play football, hears arguments

Judge extends temporary restraining order for New Hampshire transgender girls to play football, hears arguments

CONCORD, NH — A federal judge on Tuesday granted a transgender woman a temporary restraining order from playing on her high school football team, while also considering arguments for a longer-term injunction and possible trial as the teen and another student challenge a New Hampshire ban on participation.

The families of Parker Tirrell, 15, and Iris Turmelle, 14, filed suit on Aug. 16 to overturn the Fairness in Women’s Sports Act, which Republican Gov. Chris Sununu signed last month. While Turmelle plans to stay out of sports until December, Tirrell successfully obtained an emergency order allowing her to begin soccer practice on Aug. 19.

U.S. District Court Chief Judge Landya McCafferty found that Tirrell could prevail on the merits, and she extended that order for another two weeks, to Sept. 10, on Tuesday, the day it was set to expire. McCafferty also heard arguments on the plaintiffs’ broader request for a preliminary injunction preventing the state from enforcing the law while the case proceeds.

McCafferty also raised the possibility of a tryout this fall before Turmelle, who attends another school, begins the winter track season.

Chris Erchull, an attorney with GLBTQ Legal Advocates & Defenders who is representing the students, said he was ready for a trial. Michael DeGrandis, an attorney for the state, said he would have to discuss it with the attorney general’s office.

“When Iris starts school next week, she will be harmed by the impact of this law,” Erchull said at a press conference afterwards. “She has no guarantee that she will be able to participate in school sports this year.”

The lawsuit states that the law violates the Federal Office for the Protection of the Constitution and federal law because it denies young people equal educational opportunities and discriminates against them on the basis of their transsexuality.

The state’s attorneys said the teens’ lawyers had failed to prove their case and had not explained why alternatives, such as participating in co-ed teams, might not be an option.

The bill signed by Sununu excludes transgender athletes in grades 5 through 12 who match their gender identity. Schools must divide all teams into girls, boys or co-ed teams, with eligibility determined based on students’ birth certificates “or other proof.”

Sununu had said the measure “ensures fairness and safety in women’s sports by maintaining integrity and competitive equality in athletic competitions.” He said the state was among nearly half of the country that had taken similar measures.

Transgender rights — and especially those of young people — have become a key political battleground in recent years as transgender visibility has increased. Most Republican-controlled states have banned gender-affirming health care for transgender minors, and several have passed laws restricting which school bathrooms transgender people can use and barring trans girls from some sports competitions.

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