COLORADO SPRINGS, Colo. (KOAA) — The Colorado High School Athletics Association has settled with D49 over a policy tied to biology and athletics, according to the school district's superintendent.
Superintendent Peter Hilts made the announcement during Thursday night's school board meeting after a lawsuit was filed in connection with the policy, JBA "Preserving Fairness and Safety in Sports." Under the policy, the School District’s interscholastic athletic teams or sports are designated as one of the following based on biological sex: Male, men, or boys; Female, women, or girls; or Coed, mixed, or open. It also impacts locker rooms and hotel accommodations for team travel.
D49 highlighted the following reasons for filing the lawsuit:
- to prevent sex discrimination by ensuring fair athletic opportunities for female students
- to protect all students’ personal privacy rights affirmed by the Fourteenth Amendment
- to shield the District from liability under federal equal protection principles and Title IX
Superintendent Hilts announced the settlement Thursday night.
"This settlement ensures that CHSAA cannot take adverse action against our students or our coaches for policies that the district might adopt or if there came a day when our coaches, administrators, and athletes determined that they would rather forfeit a game than play against someone where they felt it created an unsafe or unfair condition," Hilts said during the board meeting. "CHSAA cannot sanction us for that. They cannot call that gross misconduct. They cannot challenge our membership in the organization or challenge our students or our coaches. And that is a fantastic outcome for not only our district and not only for the other eight schools and districts that were co-plaintiffs, but it's a fantastic outcome for all of the districts in Colorado that didn't join this lawsuit because it protects them and it especially protects coaches and student athletes."
CHSAA provided News5 with the following comment on the settlement:
"The Colorado High School Activities Association (CHSAA) has acknowledged from the outset the complex challenges created by conflicting federal directives and state laws, as well as the difficult position in which this places member schools and districts. CHSAA affirms that the courts are ultimately responsible for determining how laws governing transgender athlete participation are applied. The association has never penalized a school or district for its policies on this issue, nor has it dictated what those policies should be. Eligibility decisions have always been left to individual schools and districts, which is why being named in this lawsuit was both frustrating and unnecessary.
At no point before filing this lawsuit did the plaintiffs engage in any dialogue with CHSAA. No outreach was made to inquire about our policies, our procedures, or the steps we had already taken to support schools navigating these issues. Instead, CHSAA was directed to make a change, and a lawsuit was filed shortly thereafter—a decision we believe was much more performative than substantive.
This litigation consumed time and resources without producing any change to how CHSAA operates. The settlement alters nothing about our policies, our practices, or our authority, and the fact that it results in no changes only underscores how unnecessary this lawsuit was.
We are reassured that our bylaws were followed throughout this process and the agreement confirms that all legal fees will be covered by the plaintiff districts and schools involved. Most importantly, this resolution brings closure without any continued financial impact on the rest of our membership.
CHSAA remains dedicated to upholding its commitment to fostering a safe environment for all students participating in educationally based athletics and activities."
D49 provided a news release explaining what they believe this settlement means:
- Maintain separate sports teams for biological boys and girls.
- Keep locker rooms and overnight travel accommodations separated by biological sex.
- Avoid CHSAA-imposed penalties for upholding these policies.
- Comply with Title IX and the U.S. Constitution while rejecting mandates that put student privacy at risk.
“CHSAA deserves credit for doing the right thing,” said Peter Hilts, D49 Superintendent. “By reaching this agreement, they’ve recognized the need to protect fairness in competition and privacy in school facilities for our female athletes. We appreciate their willingness to engage in thoughtful dialogue and reach a resolution that puts students first. This settlement is a major step forward, but our work isn’t done. We will continue litigation against the Colorado Civil Rights Commission and the Attorney General’s Office to ensure every district in Colorado has the freedom to protect girls’ sports, safeguard student privacy, and uphold the spirit of Title IX. I encourage school boards across the state to follow our lead and adopt similar policies that ensure equal opportunity and safety for all students.”
D49 added in their news release they will continue its litigation against other named parties in the lawsuit, including the Colorado Civil Rights Division and the Colorado Attorney General.
FUTURE IMPLICATIONS
News5 spoke with Martin Katz, a professor of law at the University of Denver, about the implications of the settlement.
Professor Katz says he was not surprised to hear about the settlement.
"I don't think they (CHSAA) actually enforce the rule. I don't think they had a huge interest in enforcing the rule. My best guess is: this was a huge distraction for them," Katz said.
He says the settlement could bring more confusion among school districts.
"I would see going forward, following the February Executive Order, many schools, if they haven't done so, are going to the court to say, Tell me which one to follow?" Katz said.
He says that's because it remains unclear which standard should apply — state law or federal law — when it comes to policies affecting transgender student athletes.
"If the federal law is valid and the state law is valid. Federal law is always going to win," Katz said.
News5 asked Katz whether cases like this could affect constitutional rights, including those under the Fourteenth Amendment. The equal protection clause requires the government to treat everyone the same under the law, ensuring no unfair discrimination against groups.
"Current Supreme Court case, which is Little V. Hecox, will hopefully tell us which level of protection, which level of scrutiny applies to discrimination against transgender individuals, which happens to involve sex discrimination," Katz said.
The U.S. Supreme Court has not issued a definitive ruling on the issue. Katz says when a decision does come, it could provide much clearer guidance for future cases.
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