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Rokita Appeals Court’s Pause On Trans Athlete Law


Rokita Appeals Court’s Pause On Trans Athlete Law

INDIANAPOLIS—Attorney General Todd Rokita has filed an appeal of a district court’s preliminary injunction against enforcing a new state law in the case of a 10-year-old trans female wanting to play on a girls’ softball team in the Indianapolis Public Schools district.

Signs not permitted in the Senate Chamber during public testimony on HB 1041 in summer 2022 piled up in Statehouse hallways.

The unidentified student’s mother challenged the law earlier this summer under Title IX and the Equal Protection Clause with the help of the ACLU of Indiana.

“Forcing female student-athletes to compete against males in women’s sports is an absolute assault on girls’ equality of opportunity and even their physical safety,” Rokita said. “Males possess certain physiological advantages that make them faster and stronger, and it’s unconscionable to ignore these scientific realities. The Left must stop sacrificing women’s well-being on the altar of transgender woke-ism.”

Gov. Eric Holcomb originally vetoed the bill that would only allow participation in school sports based on biological sex. However, during the special session this summer, the Indiana House of Representatives voted 67-28 and the Indiana Senate voted 32-15 to override his veto

“The presumption of the policy laid out in HEA 1041 is that there is an existing problem in K-12 sports in Indiana that requires further state government intervention,” Holcomb wrote in his explanation of the veto. “It implies that the goals of consistency and fairness in competitive female sports are not currently being met. After thorough review, I find no evidence to support either claim even if I support the overall goal.”

According to a July 26 press release about the ACLU lawsuit, Ken Falk, legal director at the ACLU of Indiana, said, “When misinformation about biology and gender is used to bar transgender girls from school sports, it amounts to the same form of sex discrimination that has long been prohibited under Title IX, a law that protects all students—including trans people—on the basis of sex.”

Indiana isn’t the only state facing lawsuits from similar laws. According to CBS News, “eight states—Alabama, Arkansas, Mississippi, Montana,  South Dakota, West Virginia, Florida, and Tennessee—have passed their version of the bills into law, preventing transgender girls from competing on the sports teams of their choice, with South Dakota’s ban coming from the executive order.

FOOTNOTE: Tabby Fitzgerald is a reporter at TheStatehouseFile.com, a news website powered by Franklin College journalism students.