A former Indianapolis Public Schools student who is suing the school district and state over a ban targeting transgender athletes has dropped the case, court documents filed Thursday show.
Both the defendants and plaintiffs in this case have agreed to dismiss the case on the grounds that the student identified as AM in the lawsuit is now attending a charter school and no longer an IPS school.
The lawsuit, originally filed in May 2022 by the American Civil Liberties Union of Indiana, alleged that Indiana law prohibiting transgender students from participating in all-female school sports constituted discrimination under federal law providing equal access to Education and educational programs guaranteed.
The law went into effect July 1, 2022, but a federal judge later that same month issued an injunction declaring that IPS must allow AM to rejoin their softball team. The judge wrote in her restraining order that AM had a chance of succeeding in claiming that the law violated her civil liberties.
Related:Judge says 10-year-old girl can rejoin softball team over ban on transgender sports
Indiana’s ACLU said in a statement Thursday that while they agreed to the dismissal, they still view the law as discriminatory.
“We stand by our argument that using misinformation about biology and gender to exclude transgender girls from school sports amounts to the same form of discrimination long outlawed under Title IX, a law that all students — including trans people – protects. on the basis of gender and under the equal treatment clause,” the statement said.
The ACLU went on to say that if another transgender student in Indiana is being prevented from competing on a public school athletic team, that student should reach out to them.
The law has been in effect for the rest of Indiana since last July, and the previous judge’s injunction applied only to AM
The Alliance Defending Freedom, a faith-based nonprofit legal organization, said in a statement the dropped lawsuit was a victory for Indiana’s female athletes.
“Biological discrimination in sport is not just common sense, it’s necessary to ensure girls can continue to play the sport they love under fair and equal conditions,” said ADF Attorney Rachel Csutoros. “Indiana is joining a growing coalition of states that have legislated to protect fair competition for female athletes.”
The IPS district said in a statement to IndyStar that the district will continue to work to support all students.
“We will continue to support our students, including our transgender students, with the same care and attention we showed prior to passing the law and filing (and subsequently dismissing) the lawsuit,” the statement said.
More about HB 1041:Despite the Indiana governor’s veto on banning transgender girls in school sports, it will be law
House Bill 1041, passed early last year, states that a transgender student may not participate in a women’s sports team organized or sponsored by a school corporation, public school or non-public school. Charter schools are public schools, so AM would still be banned from playing on a girls’ team at their new school.
Indiana Gov. Eric Holcomb vetoed the bill last March after saying the bill addresses a problem that doesn’t exist in Indiana. The Republican-controlled legislature overruled Holcomb’s veto in May, paving the way for the bill to go into effect in July.
The IndyStar Archives contributed to this coverage.
Contact IndyStar reporter Caroline Beck at 317-618-5807 or [email protected]. Follow her on Twitter: @CarolineB_Indy.
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