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New Hampshire: Judge Allows 'Transgender' Youths on Girl's Soccer Teams

AP Photo/Lindsey Wasson

In a recent New Hampshire lawsuit, reality was not admitted to give testimony.

Background: In July, New Hampshire Governor Chris Sununu signed into law the Fairness in Women’s Sports Act, which restricted girls' school sports to allow only, you know, girls. The Act defines girls and boys thus:

(c)  “Biological sex” means an individual’s physical form as a male or female based solely on the individual’s reproductive biology and genetics (chromosomes) at birth.

(d)  “Female” means an individual whose biological sex determined at birth is female.  As used in this section, “women” or “girls” refers to biological females.

(e)  “Male” means an individual whose biological sex determined at birth is male.  As used in this section, “men” or “boys” refers to biological males.

Here's the key clause:

III.  An athletic team or sport designated for “females”, “women”, or “girls” shall not be open to students of the male sex where selection for such teams is based upon competitive skill or the activity involved is a contact sport.

We've come to a fine pass when it's necessary to code such common sense into law, but that seems to be where we are.

You can read the Act in its entirety here.

Now, those definitions would seem to make a certain amount of sense, yes? Sex is not "assigned"; it is determined genetically at conception.

These are facts.

Now, in New Hampshire, in response to a lawsuit filed by the parents of two "transgender girls," a judge has cleared one of the teens to begin to play on a girl's soccer team while the lawsuit plays out.

The families of Parker Tirrell, 15, and Iris Turmelle, 14, filed a lawsuit Friday seeking to overturn the “Fairness in Women’s Sports Act” that Republican Gov. Chris Sununu signed into law last month. While Turmelle doesn’t plan to play sports until December, Tirrell sought an emergency order allowing her to start soccer practice Monday evening.

U.S. District Court Chief Judge Landya McCafferty granted the request with just hours to spare, finding that Tirrell had demonstrated likely success on the merits of the case. The two sides now have 14 days to schedule a hearing on the plaintiffs’ broader motion for a preliminary order blocking the state from enforcing the law while the case proceeds. 

Here's the onion:

The lawsuit said the law violates constitutional protections and federal laws because the teens are being denied equal educational opportunities and are being discriminated against because they are transgender.

First, I wouldn't call playing on a soccer team an "educational opportunity." It's an extra-curricular activity, meaning "outside the curriculum" or not educational. And these teens are not being discriminated against because they are transgender.

They are being discriminated against, as all such students are, because they are boys.


Previously on RedState: New Hampshire Senate Passes Bill Banning Boys Playing on Girls' School Sports Teams 

New Hampshire Becomes Latest State to Ban Biological Males in Girls' Sports


There's more:

The judge questioned how the law, as applied to Tirrell, would protect girls from unfair competition given that the state isn’t contesting evidence that she has no physiological advantage after taking puberty-blocking medication to prevent bodily changes such as muscle development.

Difficult as it is to keep from launching into this, let's set aside for the moment the consummate stupidity of filling teenaged bodies full of completely unnecessary hormone therapies that will change them, permanently, preventing them from developing normally or from ever having families of their own. 

The problem with this case is that the unfair competition still applies. These "transgender girls" are, genetically and physically, boys. They have the advantages — attenuated somewhat, perhaps, by the cocktail of hormones — of being boys. These differences in speed, strength, and endurance are present well before puberty.

These are facts.

It's anyone's guess where this New Hampshire lawsuit will end up. Several states have passed laws like New Hampshire's, and that being so, the issue is likely to end up before the Supreme Court sooner or later. Is it too much to hope that maybe, just maybe, some sanity will return to this issue? The entire issue of "transgender" children, despite these poor kids being status symbols in some circles, seems to have jumped the shark. The UK and some other nations in Europe are starting to ban irreversible hormone and surgical "gender-affirming" treatments and procedures for minors. The recent Cass Report has pretty much brought the "urgency" of transgendering kids down in flames. 

It's time, as the saying goes, to let boys be boys, and girls be girls.

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