A former Indianapolis Public Schools student who sued the school district and state over a ban that targets transgender athletes has dropped the case, according to court documents filed on Thursday.
Both the defendants and plaintiffs in the case have agreed to dismiss the case on the grounds that the student, referred to as A.M. in the lawsuit, is now attending a charter school and no longer at an IPS school.
The lawsuit, originally filed in May 2022 by the American Civil Liberties Union of Indiana, claimed that the Indiana law banning transgender students from participating in all-female school sports amounts to discrimination under federal law that guarantees equal access to education and educational programs.
The law went into effect July 1, 2022, but a federal judge later that same month issued a preliminary injunction that declared that IPS must allow A.M. to rejoin her softball team. The judge wrote in her preliminary injunction ruling that A.M. had a likelihood of succeeding in the claim that the law violates her civil rights.
Related:Judge says 10-year-old girl can rejoin softball team in blow to transgender sports ban
The ACLU of Indiana said in a statement on Thursday that even though they agreed to the dismissal, they still view the law as discriminatory.
“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,” the statement said.
The ACLU continued to say that if another transgender student in Indiana is being prevented from participating on a public school sports team, that student should reach out to them.
The law has been in effect for the rest of Indiana since last July and the previous judge’s injunction order had only applied to A.M.
The Alliance Defending Freedom, a faith-based non-profit legal organization, said in a statement that the dropped lawsuit was a victory for female athletes in Indiana.
“Biological distinction in sports is not just common sense, it is necessary to ensure girls can continue to play the sports they love on a fair and level playing field,” said ADF legal counsel Rachel Csutoros. “Indiana joins a growing coalition of states that has enacted laws to preserve fair competition for female athletes.”
The IPS district said in a statement to IndyStar that the district will continue its work to support all students.
“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,” the statement said.
More on HB 1041:Despite Indiana governor’s veto of banning transgender girls in school sports, it will be law
House Bill 1041, which was passed earlier last year, states that a transgender student may not participate on a women’s athletic team that is organized or sponsored by a school corporation, public school or nonpublic school. Charter schools are public schools, so A.M. would still be banned from playing on a girl’s team at her new school.
Indiana Gov. Eric Holcomb vetoed the bill last March after saying that the bill targeted a problem that doesn’t exist in Indiana. The Republican-controlled legislature overrode Holcomb’s veto in May, clearing the way for the law to take effect in July.
IndyStar archive contributed to this reporting.
Contact IndyStar reporter Caroline Beck at 317-618-5807 or CBeck@gannett.com. Follow her on Twitter: @CarolineB_Indy.
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