The Colorado High School Activities Association (CHSAA) has reached a settlement in a lawsuit brought by conservative-leaning school districts, allowing individual schools to bar transgender students from participating in sports teams that match their gender identity.
While the wider lawsuit—led by District 49—continues against other state entities, CHSAA has withdrawn, stating its inclusion was “frustrating and unnecessary”.
“Eligibility decisions have always been left to individual schools and districts,” a CHSAA spokesperson said. “Our involvement in this lawsuit was much more performative than substantive.”
The lawsuit and its implications
The lawsuit was filed shortly after District 49 voted narrowly in May to implement a trans sports ban. It called on Colorado to adjust its policies to align with a federal executive order advocating for “two sexes”—male and female.
Although Colorado law prohibits discrimination based on gender identity and expression, the plaintiffs argue that allowing transgender girls to compete on girls’ teams violates the Equal Protection Clause by impacting the rights of cisgender girls. The lawsuit notably does not address the rights of transgender students.
To exit the lawsuit, CHSAA agreed to a series of conditions:
- It will not penalise schools or districts named in the case for enforcing bans on trans athletes.
- It will not respond to public claims about “biological advantages” or similar commentary from those schools.
- It will not sanction teams that forfeit games to avoid competing against teams with trans athletes.
However, the organisation stated it will take disciplinary action if statements are demeaning or incite violence toward trans individuals.
CHSAA also secured $60,000 in reimbursement for legal and operational fees.
Patchwork of policies across Colorado
The settlement leaves a fragmented landscape in Colorado schools: some districts explicitly support transgender participation, while others have no formal policy. CHSAA itself has never intervened to force a decision in either direction.
The lawsuit will proceed with Colorado Attorney General Phil Weiser and state civil rights officials as remaining defendants.
Despite the political intensity of the case, District 49 board president Lori Thompson admitted in May that there had only been one known instance of a transgender student attempting to join a team under their gender identity—a trans boy who did not make it through tryouts.
