Last Friday, two New Hampshire teenagers – soccer players who have been living as girls since a young age – have sued the state of New Hampshire for instituting a transgender sports ban. The lawsuit was filed with help from the ACLU.

The lawsuit claims that the ban on trans inclusion in girls’ sports violates the Equal Protection Clause of the Fourteenth Amendment and Title IX, a 1972 amendment that further guarantees equal treatment in education on the basis of sex.

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The lawsuit also reveals that the plaintiffs are aiming to file a restraining order against the defendants alongside their attempt to issue a temporary injunction on the bill to allow the girls to go back to playing sports.

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Chris Erchull, senior staff attorney with GLBTQ Legal Advocates & Defenders (GLAD), said in a statement, “Sports are a pillar of education in New Hampshire public schools because of the countless benefits of physical activity in a team environment, including physical and mental health, leadership skills, and social development. New Hampshire cannot justify singling out transgender girls to deny them essential educational benefits available to other students.”

H.B. 1205 was signed into law last month by Gov. Chris Sununu (R). The bill bans any transgender girl from participating on girls’ sports teams throughout high school. It was signed with two other anti-trans bills on the same day. A fourth bill, which would have overturned the state’s anti-discrimination measures for trans people, was vetoed by the governor.

The complaint names the Commissioner of the New Hampshire Department of Education, members of the New Hampshire Board of Education, as well as members of the girls’ high school school board, as defendants in the suit. The plaintiffs are represented by Chris Erchull and Ben Klein at GLAD, Henry Klementowicz and Gilles Bissonnette at the ACLU of New Hampshire, and Louis Lobel, Kevin DeJong, and Elaine Blais at Goodwin.

Henry Klementowicz, Deputy Legal Director of the ACLU of New Hampshire, said in a statement, “H.B. 1205 stigmatizes and discriminates against transgender girls and tells them they aren’t deserving of the same educational opportunities to other girls in public schools. All students do better in school when they have access to resources that improve their mental, emotional, and physical health and [the girls] deserve that same access.”