The Pembroke School District has weighed in on a lawsuit challenging a new state law banning transgender girls in grades 5-12 from participating in school sports and has asked a federal judge to issue more clarity.
The school district filed an answer to the amended complaint on Wednesday and denies any liability of claims outlined in the complaint.
Iris Turmelle, a 14-year-old ninth grader at Pembroke Academy, and Parker Tirrell, a 15-year-old transgender girl who plays on the Plymouth Regional High School girls soccer team, filed the lawsuit in August, asking a federal judge to determine the law unconstitutional for all transgender students — not just the two.
The Pembroke School District has taken no position on the questions raised in the complaint, according to attorney Michael Eaton’s filing. School districts across the state “need judicial intervention with respect to defining their obligations pursuant to HB 1205,” according to the filing.
“Pembroke respectfully requests that the Court issue a declaratory judgment as to whether Pembroke is bound by, and required to enforce, HB 1205,” the filing reads.
Lawyers for Tirrell and Turmelle appeared in federal court in Concord Thursday to hash out details on the lawsuit. The two sides must file a proposed plan for evidence within the next 10 days, according to the docket. A further hearing could be scheduled if the sides can’t come to an agreement.
Most of the language by Eaton appeared to be pro forma.
“Pembroke takes no position on whether HB 1205 violates the United States Constitution and federal law and infringes on Plaintiffs’ rights,” the answer reads.
The complaint alleges that the bill signed into law by Gov. Chris Sununu in August “forbids New Hampshire and other entities” to meet obligations under Title IX.
“HB 1205 speaks for itself, and the allegations in this Paragraph appear to accurately characterize certain of its provisions and their potential inconsistency with the provisions of Title IX,” the answer reads.
“The provisions of HB 1205 remain in effect for all individuals except the two student-athletes named in the judge’s preliminary injunction,” Michael Garrity, communications director for the Attorney General’s Office, said in an email. “This injunction applies only to those two plaintiffs, allowing them to continue participating in sports on teams based on their gender identity, while the statute itself remains valid and enforceable for all others. As HB 1205 remains the law of New Hampshire, school districts are expected to comply with its provisions. Any school that fails to follow the law could be subject to legal claims under the statute, which provides for a private right of action. Our office is committed to upholding the rule of law and ensuring that the provisions of HB 1205 are respected.
“We firmly believe that the statute in question is constitutional as written, and that it should apply consistently across the state. The plaintiffs have amended their case, but the court’s prior ruling, which was based on a more limited ‘as-applied’ challenge, was specific to the facts and circumstances involving the individual plaintiffs and applies only to them. The scope of the plaintiffs’ legal challenge has significantly changed, and we will test the plaintiffs’ new legal theories in the upcoming weeks. Our office will continue to defend the law, which ensures fairness in sports and protects the integrity of women’s athletics.”
Turmelle is “excited to play” on the tennis and track and field teams. The complaint says the Pembroke School District receives federal funding under Title IX and has subjected the teenager to discrimination.
“Pembroke denies that it sought to exclude Plaintiff from educational programs and activities, deny her the benefits of them, subject her to discrimination, or otherwise violate her rights,” the answer reads.
Eaton wrote the claims “may be unripe” as Pembroke has not taken any action with respect to the claims. He argued HB 1205 has mandated the district and is “solely under the direction and authority of the State Legislature and State Defendants,” and district only seeks to comply with the controlling law.
He asked the court to deny damages, costs and fees as applicable to Pembroke.