Judge extends temporary order for transgender New Hampshire girl to play soccer, hears arguments

CONCORD, N.H. (AP) — A federal judge extended a temporary order Tuesday for a transgender girl to play soccer for her high school team while considering arguments for a longer-term order and a possible trial as the teen and another student challenge a New Hampshire ban.

The families of Parker Tirrell, 15, and Iris Turmelle, 14, filed a lawsuit Aug. 16 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 successfully sought an emergency order allowing her to start soccer practice on Aug. 19.

U.S. District Court Chief Judge Landya McCafferty found that Tirrell had demonstrated likely success on the merits of the case. She extended that order Tuesday, the day it was expiring, for another two weeks through Sept. 10. McCafferty also listened to arguments on the plaintiffs’ broader motion for a preliminary order blocking the state from enforcing the law while the case proceeds.

McCafferty also raised the possibility of a trial this fall, before winter track season starts for Turmelle, who attends a different school.

Chris Erchull, an attorney at GLBTQ Legal Advocates & Defenders representing the the students, said he would be ready for a trial. Michael DeGrandis, an attorney for the state, said he would need to discuss that with the attorney general’s office.

“As soon as Iris walks into school next week, she’s going to be suffering harm because of the way this law impacts her,” Erchull said in a news conference afterward. “She has no guarantees that she will be able to participate in school sports this year.”

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.

Lawyers for the state said the teens’ lawyers haven’t proven their case and they haven’t shown why alternatives, such as participating in coed teams, couldn’t be an option.

The bill signed by Sununu bans transgender athletes in grades 5 to 12 from teams that align with their gender identity. It require schools to designate all teams as either girls, boys or coed, with eligibility determined based on students’ birth certificates “or other evidence.”

Sununu had said it “ensures fairness and safety in women’s sports by maintaining integrity and competitive balance in athletic competitions.” He said it added the state to nearly half in the nation that adopted similar measures.

The rights of transgender people — and especially young people — have become a major political battleground in recent years as trans visibility has increased. Most Republican-controlled states have banned gender-affirming health care for transgender minors, and several have adopted policies limiting which school bathrooms trans people can use and barring trans girls from some sports competitions.