The issue of whether high school boys can compete in girls' sports will get a fresh hearing in a federal appeals court that previously sided with biology deniers on the left.
The Second Appeals Court, based in New York, revived a lawsuit against Connecticut's policy allowing boys to compete with girls.
The lawsuit was brought in 2020 by four girls who say they were disadvantaged by having to compete with male athletes.
In December, a three-judge panel of the Second Appeals Court dismissed the complaint against the Connecticut Interscholastic Athletic Conference, which is the governing athletic body for high school athletics in the state, saying the plaintiffs had not shown they suffered any harm.
A majority of judges on the Second Circuit then voted Monday to review the case en banc, meaning the entire court will look at the issue. Five of the judges on the court were appointed by President Trump.
The court did not elaborate on the decision, but Alliance Defending Freedom, which represents the plaintiffs, didn't hesitate to celebrate the ruling.
“Selina, Chelsea, Alanna, and Ashley—like all female athletes—deserve access to fair competition. We’re pleased the 2nd Circuit has decided to rehear this important case, and we urge the court to protect women’s athletic opportunities," the group said.
The push by the left to eliminate gender distinctions, especially in sports, has become a major flashpoint in America's culture wars.
Numerous Republican state legislatures have enacted restrictions on minors competing in sports with the opposite sex or receiving life-altering medical treatments like hormone therapy.
President Biden, on the other hand, has sought to use federal civil rights law to bully states into allowing so-called "trans youth" to compete in sports and use sensitive places like bathrooms and locker rooms according to their preferences.
In its dispute over athletics, Connecticut has cited the Biden administration's federal guidance stating that transgenders are protected under the civil rights statute Title IX, which bans sex-based discrimination.
But the plaintiffs have argued that allowing males to compete in girls' sports is itself a Title IX violation.
The aggressively woke American Civil Liberties Union is taking the side of liberals in Connecticut.
“As the initial ruling found, cisgender girls lose nothing from the participation of transgender girls and Connecticut’s policy simply recognizes the right of all student athletes to equal participation and protection under Title IX,” Joshua Block, an attorney for the ACLU, said in a statement.