U.S. Dept. of Education's Office For Civil Rights Issues Blow To Connecticut's Policy

Update: CIAC executive director issues statement

By Mary Albl and Doug Binder of DyeStat

The Connecticut Interscholastic Athletics Conference policy that allowed transgendered athletes Terry Miller and Andraya Yearwood to compete in track races against female competitors has been found to be in violation of federal Title IX law, according to the U.S. Department of Education's Office for Civil Rights. 

The Associated Press, which acquired the ruling, reported that the office prepared a 45-page letter that stated funding may be withheld to Connecticut school districts named in the complaint over the policy, which allows transgender athletes to participate in sports with the gender they identify with. 

The CIAC contends that its policy is compliant with state anti-discrimination laws. 

“Connecticut law is clear and students who identify as female are to be recognized as female for all purposes--including high school sports,” the CIAC said in a statement on Thursday afternoon. “To do otherwise would not only be discriminatory but would deprive high school students of the meaningful opportunity to participate in educational activities, including inter-scholastic sports, based on sex-stereotyping and prejudice sought to be prevented by Title IX  and Connecticut state law.”  

The ruling is a response to a complaint filed by several female athletes in 2019, who said that it was unfair that they had to compete with athletes who were born male. 

Miller and Yearwood, both seniors, had previously broken records and won state titles, although the 2020 outdoor season was canceled due to the Coronavirus pandemic. 

The Statement on the Alliance Defending Freedom website reiterates the argument that “girls shouldn’t be reduced to spectators in their own sport.”

“We’re encouraged that the Department of Education has officially clarified that allowing males to compete in the female category isn’t fair, destroys girls’ athletic opportunities, and clearly violates federal law,” DF Legal Counsel Christiana Holcomb said. “Males will always have inherent physical advantages over comparably talented and trained girls — that’s the reason we have girls’ sports in the first place. In light of the department’s letter, we’re asking Connecticut schools and the CIAC to update their problematic policies and comply with federal law.”

According to the ORC letter, the CIAC and the six Connecticut public school districts -- Bloomfield, Glastonbury, Hartford, Cromwell, Canton and Danbury -- have until June 4 to bring their policies into alignment with Title IX. 

“I am extremely happy and relieved to learn that OCR found the CIAC and the school districts violated Title IX,” Canton High’s Chelsea Mitchell, one of the athletes represented by ADF, said in a statement on the ADF site. “It feels like we are finally headed in the right direction, and that we will be able to get justice for the countless girls along with myself that have faced discrimination for years. It is liberating to know that my voice, my story, my loss, has been heard; that those championships I lost mean something. Finally, the government has recognized that women deserve the right to compete for victory, and nothing less.”

Glastonbury senior Selina Soule, Danbury’s Alanna Smith, and Mitchell are all being represented by ADF.

A lawsuit filed in federal court is still ongoing. 

Below is the full statement provided from CIAC executive director Glenn Lungarini:

After an administrative investigation, the United States Office for Civil Rights has taken the position that any participation by any transgender female athlete in girls’ high school track and field deprives cis-gender girls of a meaningful opportunity to participate in violation of Title IX.  These same issues are the subject of a federal court lawsuit brought by the same plaintiffs, Soule et al v. Connecticut Association of Schools, Inc. et al., Docket Number 3:20-CV-0021-RNC. which is in a very early stage. In 2013, The Connecticut Interscholastic Athletic Conference (CIAC) adopted its inclusive sports participation policy for transgender athletes in accordance with federal and state guidance and consistent with its commitment to providing opportunities for sports participation to all student athletes in Connecticut. Multiple federal courts and government agencies, such as the Department of Justice and the Department of Education, have acknowledged that the term “sex” in Title IX is ambiguous and that historical usage of the term “sex” has not kept pace with contemporary science, advances in medical knowledge, and societal norms. In their February 22, 2017 Dear Colleague Letter, the United States Department of Justice and Department of Education withdrew earlier guidance documents that aligned with the CIAC’s policy, stating in part that such guidance had not be subject to any formal public process and further explaining that “there must be due regard for the primary role of the States and local school districts in establishing educational policy.” In accordance with this guidance, CIAC reexamined its sports participation policy in light of Connecticut law. As explained in the Motion to Intervene filed by the Connecticut Commission of Human Right and Opportunities, Connecticut law is clear and students who identify as female are to be recognized as female for all purposes--including high school sports. To do otherwise would not only be discriminatory but would deprive high school students of the meaningful opportunity to participate in educational activities, including inter-scholastic sports, based on sex-stereotyping and prejudice sought to be prevented by Title IX  and Connecticut state law.