Where the lawsuit against Utah’s transgender girl sports ban stands
Utah remains embroiled in a legal battle over its controversial 2022 law prohibiting transgender girls from participating in public school girls’ sports.
A lawsuit, brought forth by two transgender minors and their parents against the Utah High School Activities Association, Granite School District, and Jordan School District, challenges the ban. Presently, the ban is on hold pending resolution in court.
District court Judge Keith Kelly recently granted access to the girls’ medical records, marking a crucial turn in the case. However, during a virtual hearing on December 7, Kelly ruled to redact certain segments of the girls’ mental health records following a plea from the plaintiffs’ attorneys.
The attorneys sought to withhold irrelevant personal details and third-party information, such as “dead names” and extraneous medical history unrelated to gender transition. Judge Kelly confirmed the appropriateness of these redactions, citing confidentiality and irrelevance to the lawsuit’s core claims.
The hearing, an administrative session lasting under 20 minutes, mainly addressed procedural matters without delving into substantive arguments from either side.
Moving forward, Amy Whelan, a senior staff attorney at the National Center for Lesbian Rights, confirmed that both parties are in the process of fact discovery, unraveling further details, and responding to inquiries.
The next phase involves depositions, where involved parties and witnesses provide sworn testimony outside the courtroom. Disagreement persists regarding the duration of deposition hours, with the defense advocating for 40 hours, a figure contested by the plaintiffs as excessive for this case.
Judge Kelly deferred to both parties to resolve the impasse rather than intervening directly, highlighting an impending need for mutual consensus.
Given the plaintiffs’ ages, negotiations are underway to establish interview parameters that minimize stress or harm during the process.
Post-depositions, discussions with subject matter experts await. While a trial date is yet to be scheduled, court documents require confirmation by April 19, 2024, from both sides regarding their readiness for trial.
The legal battle in Utah mirrors similar clashes in other states concerning transgender athletes in girls’ sports. The defense has sought dismissal repeatedly, citing precedents like Florida’s upheld ban on transgender athletes. However, the ACLU of Utah clarified the claims, signaling a continued legal challenge on grounds with a perceived likelihood of success.
