FORT LAUDERDALE, Fla. (Legal Newsline) – Males are physiologically different from females and allowing them to play girls youth sports would be unfair to their competition, attorneys for Florida Gov. Ron DeSantis recently wrote as they defend a lawsuit brought by a transgender teen who wants to play girls youth sports.
At issue is the Fairness in Women’s Sports Act of 2021, which has been challenged by a minor known as D.N. in federal court papers. D.N. is 13 years old and in the eighth grade; her lawsuit says she identified as a girl from a very young age and is receiving estrogen.
“Only females, as determined by the individual’s sex – that is, biological characteristics – may join a team designated for females,” DeSantis’ lawyers wrote in an Aug. 23 motion to dismiss.
“Recognizing that males are not at risk of displacement and have not been historically under-represented in athletics, the law permits females to compete for places on teams designated for males.
“Until recently, this policy decision would not have been considered remotely controversial, let alone unlawful. But even this simple safeguard of the right of girls and women to participate in athletics now draws fire.”
D.N.’s lawsuit says team sports provide her and other young people with opportunities to learn important life skills such as cooperation, leadership and how to deal with adversity and success. Sports improve self-esteem and decrease the isolation that adolescents often feel, says her complaint, filed by Jason Ross of Arnold & Porter Kaye Scholer.
In this case, D.N. should be able to participate in female sports because she identifies as a female, the suit says. DeSantis’ motion says that argument is twisting the U.S. Constitution and Title IX.
“Far from violating Title IX’s prohibition upon sex discrimination, sex-separated athletic teams safeguard the equal opportunity of girls and women to participate in interscholastic athletics,” the motion says.
“In fact, Title IX’s regulations expressly recognize that sex-separated athletic teams are consistent with Title IX – not inimical to it. Nothing in Title IX requires students to be assigned to athletic teams according to gender identity, rather than sex.”
DeSantis is represented by his general counsel, as well as Andy Bardos of GrayRobinson in Tallahassee.