By Ann Schimke | Greeley Tribune
Federal judge rules districts don’t have standing to sue the state, in part because they aren’t facing clear harm.
A federal judge has dismissed a lawsuit brought by several Colorado school districts and charter schools over policies related to transgender student athletes.
Senior U.S. District Court Judge John Kane ruled Wednesday that the districts and schools don’t have standing to sue the state, in part because they aren’t facing clear harm. The ruling is a win for the state and a loss for the conservative-leaning districts and schools that had challenged the state’s non-discrimination law, specifically its gender identity protections.
Kane’s decision affirmed a January recommendation by a magistrate judge, a type of judge whose decisions can be reviewed by a full judge if one party objects.
The eight plaintiffs in the case — School District 49, Colorado Springs District 11, Academy District 20, Montezuma-Cortez School District, James Irwin Charter Schools, Monument Academy, the Classical Academy, and Education reEnvisioned Board of Cooperative Education Services — objected to the January decision by Magistrate Judge Maritza Dominguez Braswell.
It’s not clear what impact the ruling will have. The districts and charter schools that sued wanted the court to prevent Colorado officials from investigating, penalizing, or fining them for policies banning transgender athletes from joining school sports teams that match their gender identity. State officials so far have not penalized public schools that have such policies.
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