2nd Circuit giving case a 2nd chance

2nd Circuit giving case a 2nd chance

2nd Circuit giving case a 2nd chance

There's new hope for the female athletes in Connecticut who are fighting to keep men out of women's sports.

The full U.S. Court of Appeals for the 2nd Circuit has reinstated the case of Selina Soule (pictured above), Chelsea Mitchell, Alanna Smith, and Ashley Nicoletti – the female athletes who say they have suffered defeats because the Connecticut Interscholastic Athletic Conference (CIAC) adopted a policy that allows males to compete in girls' athletic events.

Earlier this year, the 2nd Circuit Court of Appeals heard oral arguments after a three-judge panel ruled last December that the four female plaintiffs suffered no legal injuries from the Connecticut athletic association.

Kiefer, Christiana (ADF) Kiefer

"None of us asked to have these policies put in place, and it shouldn't be up to us athletes to decide these policies," Chelsea Mitchell told the "Fox & Friends" program over the summer. "At the end of the day, it is clearly unfair that these biological males are entering the female category, and that's why our institutions need to step up and put policies in place that protect the female category."

The four are being represented by Alliance Defending Freedom (ADF), which maintains that on average, men are bigger, faster, and stronger than female athletes.

"In fact, the science is really clear that males have anywhere from a 10%-50% performance advantage over comparably fit trained and aged female athletes," reports ADF attorney Christiana Kiefer.

"Selina, Chelsea, Alanna, and Ashley—like all female athletes—deserve access to fair competition," adds attorney Roger Brooks. "The CIAC's policy degraded each of their accomplishments and scarred their athletic records, irreparably harming each female athlete's interest in accurate recognition of her athletic achievements."

He says the en banc 2nd Circuit was "right to allow these brave women to make their case under Title IX" and set the record straight.

Brooks, Roger (ADF) Brooks

Title IX of the Civil Rights Act was signed into law by President Richard Nixon in June 1972. It states that "no person in the United States shall, on the basis of sex, be excluded from participation in, be denied the benefits of, or be subjected to discrimination under any education program or activity receiving federal financial assistance."

CIAC wanted to allow males who say they identify as female to be considered as females, saying it is inclusive. However, these female athletes in Connecticut and other states say it is unfair for them to have to compete against males, as they have a physiological advantage.

"This is imperative not only for the women who have been deprived of medals, potential scholarships, and other athletic opportunities, but for all female athletes across the country," Brooks concludes.