A motion to dismiss a lawsuit alleging state public schools unfairly disadvantage women in sports by allowing transgender athletes to compete was being considered in a Connecticut federal court Friday.
The case centered around Title IX, a provision prohibiting sex discrimination in federally funded schools.
Four women filed suit claiming their transgender competitors had inherent physical advantages that come with having been born male.
Former President Donald Trump supported the women suing the schools. However, the Biden administration pulled that support this week in a letter from the Justice Department, per the Washington Examiner.
Robert Chatigny, the district court judge presiding over the case, said that he would decide whether or not to dismiss the case within the next three weeks.
Roger Brooks, a senior counsel at Alliance Defending Freedom, argued Connecticut public schools do violate Title IX because sports are based on physiology, not gender identity.
Brooks said the case boils down to what's the precise "meaning of 'sex' in the athletic regulations of Title IX."
"If sex in the athletic regulations of Title IX must be construed as gender identity, then this court should dismiss this case," Brooks said.
Brooks said the main contention of the four women who filed the suit was that their transgender competitors had inherent physical advantages that came with having been born male.
After the hearing, Brooks told the media the outcome would be significant.
"If the ACLU gets its way, women's sports will no longer exist," he said. "There will be men's sports, and there will be semi-coed sports. And women and girls in Connecticut will be losers."
Attorneys for the Connecticut Association of Schools, the Connecticut Interscholastic Athletic Conference, and from the American Civil Liberties Union argued schools were not in violation of Title IX because it doesn't determine discrimination based on individual athletic results.
Therefore, the lawyers said, the fact that several transgender female athletes had outperformed most women did not rise to a discrimination concern.
Title IX was passed in 1972.
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