LOCAL NEWS

Utah asks to throw out case against transgender sports ban

Jul 16, 2022, 9:26 AM

(KSL TV)...

(KSL TV)

(KSL TV)

SALT LAKE CITY (AP) — Utah this week asked a state court to throw out a lawsuit challenging its ban on transgender kids who want to compete in youth sports, as the culture war flashpoint moves from statehouses to courtrooms throughout the country.

In the Utah case, three transgender girls and their parents claim the outright ban passed by the Republican-majority Legislature this year wrongly keeps their children from participating in the sports. Their attorneys argue it violates provisions of the state constitution that prohibit discrimination and guarantee equal rights and due process.

Utah’s attorneys in a motion Wednesday argued two of the girls lack standing to challenge the ban because it hasn’t harmed them and because their lawyers moved to exclude their mental health records from the case.

It’s moot for one who wants to play volleyball because her grades make her academically ineligible, they say, and won’t affect another because she won’t be old enough to try out for her high school swim team until the 2023-2024 school year. Utah does not reference the third girl, who was added to the case in an amended complaint.

Disapproval follows Utah lawmakers’ decision to ban transgender athletes from prep sports

Utah, which hired former state Supreme Court Justice Thomas Lee to help defend the ban earlier this month, also argues the state constitution has never been interpreted to ensure transgender student-athletes can participate in leagues that correlate with their gender and says the ban “reinforces a longstanding standard” governing participation in sports — biological sex.

“Biological girls were not born boys. Transgender girls were. And even if transgender girls have undergone puberty blocking or hormone therapy, they still maintain and develop biological differences that are an advantage on the playing field,” attorneys for the state write in a motion to dismiss.

National Center for Lesbian Rights attorney Shannon Minter, who is representing the three girls and their families, rejected the state’s arguments and said the Utah Constitution prohibits discrimination based on sex, including based on if a person is transgender.

“These families are part of this state, and the law protects them, just as it protects other families and kids,” Minter said.

“This is an ordinary civil rights case and we’re arguing the normal kinds of harms that civil rights cases assert,” he added, noting the court that overturned segregation in Brown v. Board didn’t require Black students disclose their mental health records to show harm.

Protracted legal challenges to Utah’s ban have long been expected, and parallel other cases over categorical bans, including in Idaho, West Virginia and Indiana. Though Utah now argues it should be dismissed, state lawmakers anticipating a lawsuit included provisions in the legislation to funnel state funds toward defending the ban and the school districts implicated in potential lawsuits.

As of March, the Utah High School Activities Association knew of only one transgender girl playing in K-12 sports who would be affected by the ban. The association, which organizes leagues for 85,000 students, has said there have been no publicly made allegations of any of the state’s four transgender youth athletes enjoying competitive advantages.

KSL 5 TV Live

Local News

A new threat has emerged in Utah as authorities sound the alarm over carfentanil, a powerful synthe...

Garna Mejia

Authorities alarmed by carfentanil’s emergence in Utah

A new threat has emerged in Utah as authorities sound the alarm over carfentanil, a powerful synthetic opioid initially used as an elephant tranquilizer.

5 hours ago

George, the monkey, learns with Lucas's classmates on Feb. 11, 2025. (KSL TV)...

Dan Rascon

Third grade teacher comes up with way to help student with cancer not miss class

A West Jordan Elementary school teacher went above and beyond to help bring healing and joy to one of her third grade students who has cancer.

6 hours ago

Two men were arrested Monday after police said they pursued a family with a gun. (KSL TV)...

Andrew Adams

Sandy Police say 2 men arrested after armed pursuit of family in car

Two men were arrested Monday after police said they pursued a family with a gun.

6 hours ago

Police said a driver rolled their car in Taylorsville before fleeing the scene on foot Tuesday nigh...

Carlysle Price

Police: Driver rolls car, flees on foot

Police said a driver rolled their car in Taylorsville before fleeing the scene on foot Tuesday night.

7 hours ago

One person was found dead inside a West Haven home that caught fire on Feb. 11, 2025. (KSL TV)...

Mariah Maynes and Brian Carlson, KSL TV

West Haven house fire kills 1 person

One person was killed after a West Haven house fire on Tuesday night.

8 hours ago

A newly released video captured the moment an SUV was hit by a UTA FrontRunner train in Layton on F...

Shara Park

New video shows FrontRunner hit SUV stopped on tracks in Layton

A newly released video captured the moment an SUV was hit by a UTA FrontRunner train in Layton on February 4. Fortunately, the driver escaped before the impact.

9 hours ago

Sponsored Articles

luxury living room with a classic white sofa and sofa, interior design...

Lighting Design

Revisiting home lighting trends for 2025

Looking for inspiration to revamp your home lighting? This article outlines some of the emerging lighting trends for 2025.

holiday gift basket with blue tissue paper and gingerbread cookies...

Kneaders Bakery & Cafe

Holiday hacks for a stress-free season

Get more out of your time with family and loved ones over the holidays by following these tips for a stress-free season.

2 computer techs in a computer shop holding up a computer server with the "hang loose" sign...

PC Laptops

A comprehensive guide to choosing the right computer

With these tips, choosing the right computer that fits your needs and your budget will be easier than ever.

crowds of people in a German style Christmas market...

This Is The Place Heritage Park

Celebrate Christkindlmarket at This Is The Place Heritage Park!

The Christkindlmarket is an annual holiday celebration influenced by German traditions and generous giving.

Image of pretty woman walking in snowy mountains. Portrait of female wearing warm winter earmuff, r...

Lighting Design

Brighten your mood this winter with these lighting tricks

Read our lighting tips on how to brighten your mood in the winter if you are experiencing seasonal affective disorder.

A kitchen with a washer and dryer and a refrigerator...

Appliance Man

Appliance Man: a trusted name in Utah’s home appliance industry

Despite many recent closures of local appliance stores, Appliance Man remains Utah's trusted home appliance business and is here to stay.

Utah asks to throw out case against transgender sports ban