Florida teen's federal lawsuit challenges state's new law on transgender athletes

A 13-year-old Florida soccer player is challenging the state's recently-enacted transgender athletes law, arguing it is unconstitutionally discriminatory and violates Title IX, which prohibits sex-based discrimination in education programs that receive federal money.

The 20-page federal lawsuit was filed June 29 in the U.S. Southern District of Florida and announced last week by The Human Rights Campaign.

In the suit, the Broward County student – identified only as D.N. – and her parents allege the new law banning transgender female athletes from participating on girls and women’s sports teams "ignores basic medical science" about trans students. 

The state's GOP-led legislature in April passed a measure banning transgender athletes from female sports. Republican Gov. Ron DeSantis last month signed the bill into law, dismissing threats of lawsuits, boycotts and sanctions.

“We won’t be cowed,” DeSantis said. "In Florida, girls are going to play girls sports, and boys are going to play boys sports. That's the reality.”

The law states female athletes’ eligibility for sports teams is contingent upon their biological sex as listed on birth certificates issued "at or near the time of the student’s birth."

Under the new law, a transgender student athlete must affirm her biological sex with proof such as a birth certificate. Students can sue if a school allows a transgender student to play on a team for biological females.

Supporters maintain the ban is necessary to prevent male athletes from having a competitive edge over female competitors, but critics contend Florida Republicans passed the bill for political theater knowing it would not withstand legal scrutiny.

According to lawsuit, filed by lawyers with The Human Rights Campaign, the nation's largest LGBTQ advocacy group, based in Washington, D.C., the law violates Title IX and other federal regulations that prohibit "a state or locality to discriminate based solely on a person’s gender assigned to them at birth."

The suit also argues the plaintiff has identified as a girl since a young child and has participated in girls’ sports for many years.

Florida is one of seven states that have banned transgender athletes from girls sports.

The Human Rights Campaign plans to challenge similar laws in Arkansas, Mississippi and Tennessee.