Judge allows transgender girls to continue to play on girls’ sports teams as case heads to trial

Two teens challenging New Hampshire's new law banning transgender girls from girls' sports teams, Parker Tirrell, third from left, and Iris Turmelle, sixth from left, pose with their families and attorneys in Concord, Monday, Aug. 19, 2024, after a judge granted an emergency request to allow one of the girls to play soccer while their lawsuit continues.

Two teens challenging New Hampshire's new law banning transgender girls from girls' sports teams, Parker Tirrell, third from left, and Iris Turmelle, sixth from left, pose with their families and attorneys in Concord, Monday, Aug. 19, 2024, after a judge granted an emergency request to allow one of the girls to play soccer while their lawsuit continues. Holly Ramer/AP photo, file

By JEREMY MARGOLIS

Monitor staff

Published: 09-10-2024 1:51 PM

Modified: 09-10-2024 7:04 PM


Two transgender girls in New Hampshire may continue playing on girls’ sports teams indefinitely, despite a newly enacted law that bars them from doing so, a federal court judge ruled Tuesday.

Judge Landya McCafferty granted a request for a preliminary injunction filed by 15-year-old Parker Tirrell of Plymouth and 14-year-old Iris Turmelle of Pembroke. Tirrell and Turmelle, who jointly sued their respective school districts, Plymouth and Pembroke, and the New Hampshire commissioner of education, Frank Edelblut, last month, are the first transgender girls in the state to challenge the new law, which went into effect Aug. 18.

In a 48-page ruling, Judge McCafferty wrote that the law likely violates the equal protection clause of the Fourteenth Amendment because it is “impossible to classify by transgender status without classifying by sex or gender.”

Judge McCafferty cited court precedents in other instances where similar transgender bans were found unconstitutional, as well as a U.S. Supreme Court case in which transgender discrimination in the workplace was found to violate the law. The Supreme Court has yet to rule on whether laws that bar transgender girls from playing on girls’ sports teams similarly violate the constitution.

McCafferty’s ruling means that Tirrell may continue to play on the Plymouth Regional High School girls’ soccer team this fall and Turmelle may participate on the girls’ indoor track team at Pembroke Academy this winter.

“We are currently reviewing the court’s decision and are in the process of evaluating the implications of the ruling,” Attorney General John Formella said in a statement Tuesday. “We remain dedicated to providing a safe environment for all students. The state will continue to consider all legal avenues to ensure that we uphold both the law and our commitment to student welfare.”

The ruling has no bearing on other transgender girls in the state, though Kearsarge Regional School District voted to defy the law and let a transgender girl in the district play soccer on the girls’ team.

McCafferty indicated that she hopes to hold a trial in Tirrell and Turmelle’s case as early as late October. Both sides agreed to a bench rather than jury trial and so McCafferty’s ruling Tuesday offers an inkling of how she may decide the case at trial.

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The law at issue, HB 1205, bars students assigned male at birth from playing on girls’ school sports teams in grades five through 12.

Proponents of the law, which passed by razor-thin margins in both the House and Senate this spring, have argued that it is necessary to protect fairness and safety in girls’ sports. New Hampshire became the 26th state in the country to enact such a ban, though some of the laws in other states have been challenged in court and stayed.

Assistant Attorney General Michael DeGrandis had argued in a legal filing that the court “should not undo the policy determinations of lawmakers by judicial fiat.”

“There is an election coming up and there is an opportunity to either amend or repeal the statute if it doesn’t meet New Hampshire residents’ needs,” DeGrandis said during the court hearing held in late August.