The Biden government withdrew from a Connecticut lawsuit aimed at banning transgender athletes from competing in high school women’s sports.
A group of three runners sued state and local education officials after losing state titles to transgender athletes in 2018. Supporters of the lawsuit claim that male-born athletes have a natural and unfair advantage over female-born competitors.
Proponents of transgender athletes argue that once hormonal therapies take effect, the male genetic advantage disappears – although these effects are not immediate, and many teenagers do not start taking these drugs before puberty.
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“Gender identity doesn’t matter, it’s testosterone levels,” said Joanna Harper, a medical physicist who is also a transgender runner, to the Associated Press in 2019. “Trans girls should have the right to compete in sports. But cisgender girls must have the right to compete and succeed as well. How do you balance this? That is the question. “
The Justice Department became involved in the case under former President Donald Trump, with former Attorney General Bill Barr filing a declaration of interest in March 2020.
“The government has reconsidered the issue and has notified the Court that it withdraws its Declaration of Interest,” the DOJ said, according to court documents filed on Tuesday.
The Justice Department’s decision to drop the case comes before a hearing on Friday about a motion to dismiss the case.
Connecticut is one of 17 states that allow transgender high school athletes to participate in sports without regulation. Some states impose restrictions on transgender competitors and others deal with cases individually.
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A current Utah bill that would remove that state from the list faces uncertainties after Republican Governor Spencer Cox called for a “better” solution last week and asked the GOP bill’s sponsor to meet and discuss their differences.
Fox News’ Jake Gibson contributed to this report.