Beetlestone
PHILADELPHIA - A high school runner's discrimination lawsuit against Pennsylvania school districts that allowed a transgender girl to compete in events has been thrown out, while the Save Women's Sports Act makes its way through the state legislature.
Philadelphia federal judge Wendy Beetlestone on Aug. 1 dismissed Aislin Magalengo's lawsuit against the Pennsylvania Interscholastic Athletic Association and the Quakertown and Colonial school districts.
Magalengo sued after the principal at Plymouth Whitemarsh High School allowed the other runner to participate in events this school year. Magalengo finished second in a cross-country race in September then again finished second to the transgender girl, known as L.A. in court records, at a 4x400 relay in December.
"You are not a girl. You should not be racing against girls," Magalengo told the runner, according to her Jan. 20 complaint.
But Beetlestone tossed her Title IX claims, rejecting the idea she was deprived of equal opportunities to compete in athletics.
"Magalengo does not allge that Quakertown had any knowledge that L.A. was set to compete in the one race it hosted until Magalengo's parents complained to Quakertown leadership - after Magalengo had already lost the race," Beetlestone wrote.
"Without adequate 'notice of [its] potential liability, Quakertown cannot be held liable under Title IX."
Beetlestone also dismissed claims against the PIAA that said Magalengo's equal protection rights were violated, holding she failed to allege she was subjected to purposeful discrimination.
Beetlestone also ruled against the allegation the inclusion of transgender girls in girls' sports only impacts girls because of "inherent biological advantages." The Equal Protection Clause, the judge ruled, doesn't include claims for disparate impact.
"She points to no instances of students assigned female at birth being treated differently than those assigned male at birth, and, as such, she has failed to plausibly state a claim for sex-based discrimination," Beetlestone wrote.
Currently sitting in a House of Representatives committee is the Save Women's Sports Act, which already passed the Senate in a 32-18 vote. Twenty-seven Republicans and five Democrats voted in favor of it.
Democrats outnumber Republicans 102-101 in the House and Gov. Josh Shapiro is a Democrat called an ally to the LGBTQ+ community. The legislature passed a version of the bill years ago but it was vetoed by then-Gov. Tom Wolf.
The prime sponsor of the new bill is Sen. Judy Ward. Its legislative memo says it would preserve athletic opportunities for female students by forbidding athletes "of the male sex" from participating in female sports.
"It's imperative that we protect the opportunity for female athletes to compete on the athletic field in a fair and equal manner," the memo says. "Allowing a biological male to compete on a women's scholastic athletic team puts all women on the playing field at an automatic disadvantage."
President Donald Trump has already signed an executive order declaring there are only two biological sexes. The order requires the federal government to use the term "sex" instead of "gender" and says "women are biologically female, and men are biologically male."
The legislation would have an impact not only on the field but also the courts. New causes of action to bring lawsuits are included, like a student "deprived of an athletic opportunity" to sue over psychological, emotional and physical harm. These suits would be brought against schools.
Also, retaliation claims could be produced by students subjected to adverse actions by schools. Schools could also bring suit.
Pennsylvania's legislature is in recess until it reconvenes in late September. In a move that angered Republicans pushing for a vote in a different committee, the bill on July 9 was referred to the Health Committee, whose chair is Democrat Dan Frankel.
On June 30, Frankel reintroduced the Protection of Trans Kids and Their Families Act.