Lawsuit targets RivCo school district’s trans policy in sports

JURUPA VALLEY, Calif. (KESQ) - Three female high school students who oppose the Jurupa Unified School District's policy of permitting biological boys identifying as transgendered to participate in girls' sports filed a federal civil rights lawsuit today seeking an end to the policy at the local and state levels.

The plaintiffs, Hadeel Hazameh, Alyssa McPherson and her sibling Madison McPherson, initiated their civil action based on experiences at Jurupa Valley High School. They're relying on legal representation by Murrieta-based Advocates for Faith & Freedom, whose attorneys are taking aim at the district's alleged violations of Title IX, which bars gender discrimination, predicating the suit on the Equal Protection Clause of the 14th Amendment, as well as the First Amendment right to free speech.

"Title IX was passed to stop sex discrimination against women, not to erase them from their own sports,'' AFF Chief Counsel Robert Tyler said. "Our daughters are being denied fair play and subjected to sexual harassment, all because California insists on putting radical gender ideology ahead of common sense and safety."   

The school district did not immediately respond to a request for comment.   

It's the second time in as many years that the district has faced legal trouble over its gender policies. A lawsuit resolved out of court last year resulted in a $360,000 settlement with a teacher who sued the district over alleged religious viewpoint discrimination because she believed faculty members had the right, based on moral grounds, to inform parents when a student declares a desire to identify as a different gender. She was fired for violating the district's non-disclosure mandate.

The suit filed by Hadeel, Alyssa and Madison stemmed from the high school's authorization for "a male athlete (to be) on the girls' volleyball and track teams (and) in the girls' locker rooms."  

The plaintiffs also alleged officials "ignored repeated reports of `butt tapping,' sexual harassment and unsafe conditions caused by the male athlete."  

"Instead of protecting young women, administrators retaliated against those who spoke out, threatening suspension from school, accusing the athletes of failing to be `team members,''' according to the plaintiffs.   

Attorney Julianne Fleischer said the case seeks to unequivocally affirm that "girls' sports are for girls."

"No policy can erase the biological differences between males and females, and forcing young women to compete against boys is both unfair and unsafe,'' she said. "This case is about restoring dignity to women's sports and ensuring that the God-given distinctions between male and female are respected, not erased."  

The suit is seeking a U.S. District Court injunction against further implementation of any policy stemming from Assembly Bill 1266, which took effect just over a decade ago.

The measure is focused on "pupil rights," expanding on Section 221.5 of the California Education Code regarding students' participation in courses and extracurricular activities.

The law mandates that a "pupil shall be permitted to participate in sex-segregated school programs and activities, including athletic competitions, and use facilities consistent with his or her gender identity, irrespective of the gender listed on the pupil's records.''

Advocates for Faith & Freedom inaugurated a closely related lawsuit in federal court earlier this year on behalf of two Riverside Unified School District students -- Taylor Starling and Kaitlyn Slavin -- who objected to practices at Martin Luther King High School.

"Taylor was ousted from her position (as captain) on the varsity cross-country team to make room for a biological male transgender athlete, who did not consistently attend practices and failed to meet the team's strict qualifying requirements,'' according to the civil complaint. "As a result, Taylor missed opportunities to compete at a high- profile meet, losing valuable chances for college recruitment and recognition."   

Taylor and Kaitlyn, her teammate, wore shirts last year bearing the messages "Save Girls' Sports" and "It's Common Sense -- XX (does not equal) XY.'' Advocates for Faith & Freedom alleged MLK High staff "ordered the students to remove or conceal the shirts, claiming they created a `hostile' environment, comparing wearing these shirts to wearing a swastika."  

The girls said the district's policies promote "selective enforcement of dress codes'' that impinge on free speech and undermine Title IX by not ensuring "fair athletic opportunities for female students."