SOULE BY STANESCU v. CT ASSOCIATION OF SCHOOLS

Docket No. 21-1365-cv August Term 2022.

57 F.4th 43 (2022)

Selina SOULE, a minor, BY Bianca STANESCU, her mother; Chelsea Mitchell, a minor, by Christina Mitchell, her mother; Alanna Smith, a minor, by Cheryl Radachowsky, her mother; Ashley Nicoletti, a minor, by Jennifer Nicoletti, her mother, Plaintiffs-Appellants, v. CONNECTICUT ASSOCIATION OF SCHOOLS, INC. d/b/a Connecticut Interscholastic Athletic Conference; Bloomfield Public Schools Board of Education; Cromwell Public Schools Board of Education; Glastonbury Public Schools Board of Education; Canton Public Schools Board of Education; Danbury Public Schools Board of Education, Defendants-Appellees, and Andraya Yearwood; Thania Edwards, on behalf of her daughter, T.M.; Commission on Human Rights and Opportunities, Intervenor-Defendants-Appellees.

United States Court of Appeals, Second Circuit.

Decided: December 16, 2022.


Attorney(s) appearing for the Case

Roger G. Brooks ( John J. Bursch , Christiana M. Holcomb , and Cody S. Barnett , on the brief), Alliance Defending Freedom, Scottsdale, AZ, Washington, DC, and Ashburn, VA, for Plaintiffs-Appellants.

Peter J. Murphy ( Linda L. Yoder , on the brief), Shipman & Goodwin LLP, Hartford, CT, and Johanna G. Zelman , FordHarrison, LLP, Hartford, CT, and David S. Monastersky , Howd & Ludorf, LLC, Hartford, CT, and Michael E. Roberts , Commission on Human Rights and Opportunities, Hartford, CT, for Defendants-Appellees.

Joshua Block ( Lindsey Kaley , Galen Sherwin , Elana Bildner , and Dan Barrett , on the brief), ACLU Foundation, New York, NY, and ACLU Foundation of Connecticut, Hartford, CT, for Intervenor-Defendants-Appellees.

Before: Chin, Carney, and Robinson, Circuit Judges.


Since 2013, defendants-appellees, Connecticut Interscholastic Athletic Conference (the "CIAC") and its member high schools (together, "Defendants"), have followed the "Transgender Participation" Policy (the "Policy"), which permits high school students to compete on gender specific athletic teams consistent with their gender...

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