N.H. high school students challenge Trump’s transgender sports ban in federal court

Two New Hampshire high school students have filed what appears to be the first court challenge to President Trump’s transgender sports ban. The same transgender girls are fighting the state’s version of the ban in federal court — with some success.

Parker Tirrell, a sophomore at Plymouth Regional High School, and Iris Turmelle, a Pembroke Academy freshman, asked a judge on Wednesday to add Trump and members of his administration to their lawsuit against the state.

They say Trump’s order banning transgender girls from girls’ sports teams violates their constitutional right to equal protection. They also argue that Trump exceeded his authority in ordering the federal government to withhold funding for schools that violate his order.

"Federal and state law, as well as the United States Constitution and the New Hampshire Constitution, all protect the rights of transgender students to have an equal opportunity to be educated," said Chris Erchull of GLAD Law, whose firm is representing the girls and their families. "There's nothing that any executive order can do to change any of those laws."

In September, U.S. District Court Judge Landya McCafferty issued a preliminary injunction in the case that prevents the girls’ school districts from enforcing the state’s transgender sports ban. In Wednesday’s court filing, Echull asked the court to go further and set aside Trump’s sports ban nationally.

"I've heard from my clients and I've heard from transgender people everywhere who are scared," Erchull said. "They're terrified about the steps the federal government has taken to make their lives more difficult, to make it essentially impossible to navigate society."

The New Hampshire Attorney General’s office has not opposed the request to add Trump and members of his administration team to the case. Spokesperson Mike Garrity said the office will continue defending the state’s ban.

"We will continue to vigorously defend (the state law)," Garrity said in an email. "We will not be taking a position regarding whether the plaintiffs should be allowed to amend their complaint because their proposed amendments do not change the factual allegations or claims against the state defendants."

This story is a production of the New England News Collaborative. It was originally published by New Hampshire Public Radio.