- A Utah judge ruled Utah High School Activities Association acted properly in restricting transgender athletes in girls sports.
- President Trump issued an executive order blocking funds to entities that deny "fair athletic opportunities."
- Judge Keith Kelly declined contempt charges against the association, citing compliance necessity with federal mandates.
SALT LAKE CITY — A judge has ruled the Utah High School Activities Association acted properly when it adopted a new policy prohibiting transgender athletes from participating in girls sports, following an executive order from President Donald Trump.
That executive order in February blocked federal education funds to entities that "deprive women and girls of fair athletic opportunities." Although Utah's 3rd District Court had previously halted implementation of a 2022 law barring transgender athletes from competing in girls sports, the Utah High School Activities Association enacted a similar policy right after Trump's order was issued, arguing the association risked losing federal funds if it did not comply.
Attorneys representing anonymous athletes and their parents who previously sued over the law, HB11, argued that the new policy ran afoul of the order halting portions of it. At least one plaintiff who had previously received permission to compete on a girls sports team was blocked from competition after the new policy took effect.
Plaintiffs asked 3rd District Judge Keith Kelly to hold the association in contempt of court. But this week, the judge declined to do that, saying that "the UHSAA, as a practical matter, could not fail to comply with the presidential mandate."
"The court finds that UHSAA could not ignore the practical effects of the federal government's enforcement efforts surrounding the executive order and the threat of significant consequences for Utah's public schools and students," Kelly wrote in his ruling Wednesday.
"This ruling does not speak to the case's merit," said Abigail Cook, a staff attorney for the ACLU of Utah, which is involved in the case on the side of the plaintiffs. "We continue to represent these courageous student athletes proudly and will continue in our efforts to zealously defend their rights to be treated equally."
The activities association declined to comment due to the ongoing litigation.
Kelly's ruling comes after an Aug. 6 hearing during which both sides argued over the relevance of Trump's order to the case and whether a recent U.S. Supreme Court ruling curtailing judges from issuing nationwide injunctions would apply to the temporary pause of HB11.
Utah assistant attorney general Keith Barlow, who represents the association, argued that the case should be dismissed altogether. Because Trump's order is meant to block transgender athletes from participating in sports that don't match their biological sex, the plaintiffs' alleged harms are "no longer redressable," he said.
But the plaintiffs' attorney, Tamara Lemmon, argued the case is about civil rights and said the Supreme Court ruling shouldn't prevent Utah judges from temporarily halting state laws. Lemmon asked the judge to send a message that "Utah citizens can rely on Utah courts to uphold the rule of law in this state."
Kelly has not yet ruled on the motion from the defendants to dismiss the case. A follow-up hearing is scheduled for Aug. 27.
