LOCAL NEWS

Judge cancels preliminary injunction hearing on ban of high school trans athletes law

Aug 16, 2022, 4:30 PM | Updated: 4:47 pm
A West High School employee holds a Pride flag and an updated Pride flag that includes colors for t...
A West High School employee holds a Pride flag and an updated Pride flag that includes colors for the trans community and people of color, during a protest against Utah Legislature's passage of HB11, which bans transgender girls from participating in female school sports, in Salt Lake City on Wednesday, April 6, 2022. (Laura Seitz/ Deseret News)
(Laura Seitz/ Deseret News)

SALT LAKE CITY — The presiding judge has cancelled a Tuesday hearing about a motion for a preliminary injunction against the law that bans transgender athletes from participating in girls high school sports in Utah.

Judge Keith Kelley ordered the hearing stricken and said the court “will promptly issue a written opinion resolving the preliminary injunction motion.” The injunction is part of a lawsuit against the Utah High School Athletic Association and the new law, passed this year by the Utah State Legislature, banning the athletes.

The hearing was to rule on the injunction only, not the case. The Third District Court judge determined it would be better if he decided on the preliminary via a written opinion.

Kelly wrote in court documents: “The Court concludes (a) that a written opinion is the best way to address the significant and complex constitutional issues raised by the preliminary injunction motion, and (b) that, while a prompt decision is important, a written opinion may take longer than 8/16/22 to complete.”

He said he will ‘promptly issue; that written opinion.

Judge declines to dismiss lawsuit against Utah’s transgender sports ban

Kelly ruled on Aug. 10 that three transgender girls and their families can pursue the lawsuit to stop the ban. The American Civil Liberties Union of Utah filed the lawsuit in May on behalf of two families of transgender girls.

It claimed HB11, a bill passed in the final hours of this year’s legislative session, is causing psychological harm and lost opportunities. A telephone hearing was set for Monday to allow attorneys to set a trial date.

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Judge cancels preliminary injunction hearing on ban of high school trans athletes law