SOULE v. CONNECTICUT ASSOCIATION OF SCHOOLS, INC.

No. 21-1365 August Term 2022.

90 F.4th 34 (2023)

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, 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 15, 2023.


Attorney(s) appearing for the Case

John J. Bursch ( Christiana M. Kiefer , Roger G. Brooks , Cody S. Barnett , Rory T. Gray , on the brief), Alliance Defending Freedom, Washington, DC, for Plaintiffs-Appellants.

Peter J. Murphy ( Linda L. Yoder , on the brief), Shipman & Goodwin LLP, Hartford, CT, for Defendants-Appellees Connecticut Association of Schools, Inc. d/b/a Connecticut Interscholastic Athletic Conference; Danbury Public Schools Board of Education.

Johanna G. Zelman , FordHarrison, LLP, Hartford, CT, for Defendants-Appellees Bloomfield Public Schools Board of Education; Cromwell Public Schools Board of Education.

David S. Monastersky , Howd & Ludorf, LLC, Hartford, CT, for Defendants-Appellees Glastonbury Public Schools Board of Education; Canton Public Schools Board of Education.

Joshua A. Block ( Ria Tabacco Mar , Elana Bildner , Dan Barrett , on the brief), ACLU Foundation, New York, NY, for Intervenor-Defendants-Appellees Andraya Yearwood; Thania Edwards, on behalf of her daughter, T.M.

Michael E. Roberts , Commission on Human Rights and Opportunities, Hartford, CT, for Intervenor-Defendant-Appellee Commission on Human Rights and Opportunities.

Before: Livingston, Chief Judge, Chin, Lohier, Carney, Sullivan, Bianco, Park, Nardini, Menashi, Lee, Robinson, Pérez, Nathan, Merriam, and Kahn, Circuit Judges.


Ten years ago, the conference governing interscholastic sports in Connecticut made the decision to permit high school students to participate in school-sponsored athletics consistent with the gender identity established in their school records. This case arose when Plaintiffs, a group of non-transgender girls, challenged that...

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