Tuesday, November 7, 2023

Federal court issues major ruling in battle over men in women's sports

'Biological differences matter'

The transgender ideology has blossomed under Joe Biden's leadership, with activists demanding virtually unlimited access by men into women's sports, and vice versa although that is not as common.

The results include males showering with teen girls on a swim team, males literally taking trophies out of the hands of hard-working female athletes, men delivering a message to aspiring women athletes that their work is of no use.

But several states, including Florida, fought back, adopting protections for women's sports competitions, and the result under Biden's agenda was predictable: lawsuits against those protections.

But now a federal court in Florida has thrown out a challenge to that state's law.

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"The court was right to uphold Florida's Fairness in Women's Sports Act. States like Florida have an interest in protecting women and girls as men continue to take medals, podium spots, and other opportunities away from women in female sports," explained lawyer Christiana Kiefer, of the ADF.

"Biological differences matter. As more women lose opportunities to men with natural physical advantages, lawmakers are acting to preserve equal opportunities and common sense. If men are allowed to compete in women’s sports, women will continue to face discrimination that Title IX prohibits."

The organization had filed a friend-of-the-court brief in the case on behalf of Selina Soule, a former track runner who now lives in Florida.

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The district court said the state law, adopted in 2021 to protect equal opportunities for women in sports, treats men and women equally based on their biological differences.

That means it does not violate Title IX or the U.S. Constitution, the ruling said.

The court's action actually was to dismiss the lawsuit against the protection for women's sports.

"In our case, [Florida's women's sports bill's] gender-based classifications are rooted in real differences between the sexes – not stereotypes," the court ruled in the case D.N. vs. DeSantis.

"In requiring schools to designate sports-team memberships on the basis of biological sex, the statute adopts the uncontroversial proposition that most men and women do have different (and innate) physical attributes. Ignoring those real differences would disserve the purpose of the Equal Protection Clause, which is to safeguard the principle that 'all persons similarly situated should be treated alike.'"

ADF had argued the state law was based on biology, not "identity."

"So biological females may compete on women’s sports teams; biological males may not. All persons of the same sex are treated the same, no matter their gender identity," it said.

In a statement released by the ADF, Soule explained, "I was forced to compete against two biological males in track and field in Connecticut. I want to ensure no other girl experiences the emotional pain and lost opportunities I experienced in high school. As the court affirmed in this case, there are clear biological differences between men and women."

Since Biden's agenda has developed into a full-blown attack by transgender activists on girls' and women's sports, 23 states have adopted provisions to protect the safety and fairness of women's sports.

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