The Indiana Save Women’s Sports Act goes into effect after the ACLU dismissed the lawsuit

As the Daily Citizen As reported last August, a federal judge in Indiana issued an injunction blocking that state’s new law that protects girls’ and women’s school sports from participation by men claiming to be women. At the time, Indiana was the 17th state to pass such a law, restricting women’s participation in school sports to the female gender determined at birth.

The American Civil Liberties Union (ACLU) is representing an 11-year-old boy in the Indiana case who wanted to compete on his school’s girls’ softball team. The federal district court’s decision in favor of the boy was an appeal to the US Seventh Circuit Circuit, but that appeal was overruled by a dismissal of the case, which all parties agreed to.

The reason? According to court documents, the ACLU’s client switched schools to a school not operated by the defendant in this case, the Indianapolis Public Schools. Therefore, the case is moot, meaning there is no actual dispute left to resolve.

What does this mean for Indiana law, which is currently blocked by the lower court injunction?

According to the Alliance Defending Freedom (ADF), which has filed an amicus letter with the 7th Circle on behalf of seven athletes it represents, the layoff weighs in Indiana’s favor.

“Now that the case has been dismissed, the lower court’s decision is overturned and Indiana law becomes effective,” the ADF said in a press release.

ADF Legal Counsel Rachel Csutoros explained why this release is important for 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,” Csutoros said. “Indiana joins a growing coalition of states that have legislated to preserve fair competition for women athletes. We are pleased to bring this case to a positive conclusion for the courageous women athletes we represent who are committed to protecting the future of women’s sport.”

This is the second win for state laws protecting women athletes this month. On January 5, a federal judge in West Virginia upheld the legality of the state’s statute, House Bill 3293. US District Judge Joseph Goodwin dismissed claims that protecting women from unfair competition by men claiming to be women violated violates the US Constitution and Title IX of federal law prohibiting sex discrimination in state-funded school programs, including physical education.

“Although some women may outperform some men, it is generally accepted that men, on average, outperform women because of physical differences between the sexes,” Judge Goodwin wrote in his ruling. “This is not an exaggerated generalization, but a general principle that realistically reflects the average physical differences between the sexes.

“Given [Plaintiff] BPJ’s acknowledgment that circulating testosterone creates a biological difference in athletic performance in males, I fail to see how I could determine that the state’s classification based on biological sex is not materially related to its interest in giving women equal athletic opportunities Offer.”

Laws like Indiana’s are a sensible safeguard against the waking gender ideology that insists sex is merely a social construct that can be ignored when someone suffers from sexual identity confusion. Rather than helping young men and women accept their sexual identities, the far left is pushing a sexual agenda that not only ignores biological realities, but can also pose a danger to women who are forced to fight against bigger, faster, and stronger men to compete.

“Male and female he created them…” (Genesis 5:2 ESV). Keeping men out of women’s sports not only shows respect for women, but is consistent with God’s plan for men and women.


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