Colorado districts lose transgender athlete

A federal judge has dismissed a lawsuit from several Colorado school districts and charter schools over state policies for transgender student athletes. Senior U.S. District Judge John Kane ruled on Wednesday that the plaintiffs lacked standing to sue because they faced no clear harm, delivering a win for the state.

Judge Kane's decision affirmed a January recommendation from Magistrate Judge Maritza Dominguez Braswell. The eight plaintiffs had objected to that earlier finding. The districts and charter schools had sought to block Colorado officials from investigating or penalizing them for policies that ban transgender athletes from joining teams matching their gender identity.

The Plaintiffs and Their Goal

The lawsuit was filed in May 2025 by District 49, after its school board narrowly passed a policy banning transgender middle and high school students from teams aligned with their gender identity. The policy applied to both transgender boys and girls. Seven other entities later joined as plaintiffs.

The group included 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. They wanted the court to prevent state penalties for their athletic policies. State officials have not penalized any public schools for such policies to date.

The Ruling on Legal Standing

Judge Kane's 23-page ruling found no proof of current or future harm to the districts. He stated the plaintiffs showed no evidence of a transgender student athlete who might take action over alleged discrimination. "I cannot infer a speculated lawsuit or enforcement action would arise, if no transgender student, who would be subjected to discrimination, exists," Kane wrote.

The judge also ruled the districts could not sue on behalf of all their students, noting students might hold differing opinions on the issue. Kane noted a recent U.S. Supreme Court decision allowing states to bar transgender athletes did not affect the standing analysis for this case.

A Separate Settlement and Impact

A second defendant, the Colorado High School Activities Association (CHSAA), settled with the plaintiffs in December 2025. CHSAA agreed not to penalize schools or districts with policies restricting transgender athlete participation. A CHSAA spokesperson said the association had never penalized a school for such policies, despite bylaws recognizing transgender athletes' rights.

District 49 Superintendent Peter Hilts responded to the dismissal. "We respectfully disagree with the judge's ruling, but given that we have already secured protections for our students and coaches via a settlement with CHSAA, we are considering how to proceed," he said in a statement. The Colorado Attorney General's office declined to comment.

It remains unclear what impact the ruling will have. Policies on transgender athletes vary across Colorado districts; some allow participation, some prohibit it, and some decide case-by-case. The lawsuit was developed after a Trump executive order threatened funding cuts to schools allowing athletes assigned male at birth in girls' sports.