Federal judge says Virginia must let trans tennis player compete on girls’ middle school team

US District Court Judge M. Hannah Lauck issued a preliminary injunction against the Hanover County School Board in Virginia, on August 16. She wrote that the plaintiff "established that the Board excluded her, on the basis of sex, from participating in an education program when it denied her application to try out for (and if selected, to participate on) her school’s girls’ tennis team." The student is identified as only "Janie Doe" in the lawsuit.

The lawsuit was brought forth against the board in July by the American Civil Liberties Union, alleging that the board discriminated against the student by not allowing the trans-identified male to play on the girls' sports team. Janie Doe is 11 years old and has since the age of seven "asserted a definitive preference for she/her pronouns and [has] presented as a girl to her family, friends, and school."

Doe’s legal name was changed at the age of eight and a birth certificate was issued reflecting Doe’s sex as female. "In August 2020, Janie established care with a clinical psychologist who specializes in caring for transgender individuals," the opinion from Lauck noted. Doe was diagnosed with gender dysphoria in 2022, and in September of that year, Doe received a histrelin implant, a puberty-blocking implant. "Janie remains on puberty blockers today; the original implant was replaced in February 2024, in accordance with Janie’s treatment schedule," the order added.

Doe tried out for the girls’ tennis team in August 2023, as playing for the boys' team would "deny Janie’s 'gender identity and undermine her gender-affirming medical treatment.’" Doe was selected, but in September of that year, Doe’s parents received a letter stating that they needed to provide medical documentation of Doe’s "consistent expression as female."

The documentation was provided to the board by the parents, who received a letter a few days later stating that "the School Board voted unanimously against permitting [Janie] to participate on the middle school girls’ tennis team in [an] effort to ensure fairness in competition for all participants."

Doe wanted to try out again for tennis in 2024, and the parents were directed by the board to submit a renewed request for reconsideration, and in an August meeting, the board denied the request.

Lauck wrote that "Janie has made a clear showing that she is likely to succeed on the merits of her Title IX claim. First, Janie has established that the Board excluded her, on the basis of sex, from participating in an education program when it denied her application to try out for (and if selected, to participate on) her school’s girls’ tennis team based on her gender identity."

"Second, Hanover County Public Schools were receiving federal financial assistance at the time the Board denied Janie’s application. Third, Janie has shown that the denial harmed her. Further, Janie has made a clear showing that the sex-based discrimination that Janie has demonstrated treats her worse than others who are similarly situated."