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Lawsuit against IPS regarding transgender girls playing girls sports dismissed

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Posted at 5:16 PM, Jan 18, 2023
and last updated 2023-01-19 18:44:52-05

INDIANAPOLIS — A lawsuit filed by the ACLU of Indiana on behalf of a 10-year-old transgender girl has been dismissed, court documents show.

The lawsuit said the girl, identified in court documents by the initials A.M., was told by her school within the Indianapolis Public School system that she wouldn't be able to play softball because of HEA 1041.

Last year, Indiana legislatures voted to override the governor's veto of HEA 1041, which banned transgender girls from participating on sports teams at K-12 public schools designated for girls.

The lawsuit was filed in May and in July 2022, a federal judge ruled that Indianapolis Public Schools must allow the girl to play on a girls' softball team pending further litigation.

Court documents filed Friday say both parties agreed to dismiss the case and that A.M. is now in a charter school not operated by IPS.

"Accordingly, this matter is now moot and the parties agree that this case should be dismissed, with each party to pay its own costs and attorneys’ fees," the document read.

The ACLU of Indiana shared the following statement:

"We stand by our argument that when misinformation about biology and gender is used to bar transgender girls from school sports it amounts to the same form of discrimination that has long been prohibited under Title IX, a law that protects all students – including trans people – on the basis of sex, as well as under the Equal Protection Clause. We filed to dismiss our case on behalf of a trans athlete in IPS schools solely due to individual circumstances regarding our client’s recent transfer to another school district. If a trans student is being told they cannot participate on a public school sports team, they should reach out to the ACLU of Indiana immediately."

Indianapolis Public Schools released the following statement Thursday:

"We will continue to support our students, including our transgender students, with the same care and attention we’ve demonstrated prior to the passage of the law and the filing (and subsequent dismissal) of the lawsuit."

In May, state lawmakers voted to override Gov. Eric Holcomb's veto of HEA 1041. The Indiana House voted 67-28 to override the veto and the Senate voted 32-15.

RELATED | Why did Gov. Holcomb veto a bill banning trans girls from playing on girls' sports teams?