New Hampshire judge rules two transgender athletes can play in girls’ athletics, despite new law

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.

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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.

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

To read the full story from the Concord Monitor, click here.