Utah families want judge to declare state's transgender ban unconstitutional

Two Utah families are asking a judge to decide a ban on transgender athletes in sports passed by lawmakers is unconstitutional.

The ban "cannot survive constitutional scrutiny and it endangers transgender children," said Christine Durham, former chief justice of the Utah Supreme Court and senior counsel at Wilson Sonsini, the law firm representing the plaintiffs. The American Civil Liberties Union of Utah and the National Center for Lesbian Rights are also representing the plaintiffs in the lawsuit filed in Utah's Third Judicial Court District, according to a news release from the ACLU.

The defendants are the Utah High School Activities Association, the Granite School District and its superintendent, Rich K. Nye.

House Bill 11 bans all transgender athletes from participating in middle school and high school sports. The bill was passed in the final hours of the 2022 legislative session and vetoed by Gov. Spencer Cox.

Lawmakers overrode the veto but did set aside $500,000 to pay for any potential lawsuits. Cox then signed the bill into law, which takes effect July 1 if it stands.

The students are identified in the lawsuit as Jenny Roe, a 16-year-old transgender girl who wants to play volleyball in her senior year of high school and Jane Noe, a 13-year-old transgender eighth-grader who wants to compete on the swim team.

The ban "impermissibly discriminates based on plaintiffs' transgender status and, because being transgender is sex-based, it also discriminates against Plaintiffs based on sex," the plaintiffs said in the lawsuit.

The plaintiffs also want the court to temporarily bar the schools from enforcing the ban.

The bill has a provision that would create a "School Activity Eligibility Commission" to determine individual eligibility of transgender athletes if the judge sides with the plaintiffs.

Sen. Curt Bramble, R-Provo, defended the bill in a statement to KSL.

"The intention of HB11 is to preserve women's sports and protect future athletic opportunities," Bramble said. "If a court allows biological males to compete in female sports, HB11 puts Utah ahead of the curve by creating an unbiased, data-driven commission, continuing to protect female athletes."