Two New Hampshire high school students have filed what appears to be the first court challenge to President Trump鈥檚 transgender sports ban. The same transgender girls are fighting the state鈥檚 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, on Wednesday to add Trump and members of his administration to their lawsuit against the state.
They say Trump鈥檚 order banning transgender girls from girls鈥� 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.
鈥淔ederal 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,鈥� said Chris Erchull of GLAD Law, whose firm is representing the girls and their families. 鈥淭here's nothing that any executive order can do to change any of those laws.鈥�
In September, U.S. District Court Judge Landya McCafferty issued a in the case that prevents the girls鈥� school districts from enforcing the state鈥檚 transgender sports ban. In Wednesday鈥檚 court filing, Echull asked the court to go further and set aside Trump鈥檚 sports ban nationally.
鈥淚've heard from my clients and I've heard from transgender people everywhere who are scared,鈥� Erchull said. 鈥淭hey're terrified about the steps the federal government has taken to make their lives more difficult, to make it essentially impossible to navigate society.鈥�
The New Hampshire Attorney General鈥檚 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鈥檚 ban.
鈥淲e will continue to vigorously defend (the state law),鈥� Garrity said in an email. 鈥淲e 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.鈥�
