Sign up for Chalkbeat Colorado’s free daily newsletter to get the latest reporting from us, plus curated news from other Colorado outlets, delivered to your inbox.A federal judge has dismissed a lawsuit brought by several Colorado school districts and charter schools over policies related to transgender student athletes. Senior U.S. District Court Judge John Kane ruled Wednesday that the districts and schools don’t have standing to sue the state, in part because they aren’t facing clear harm. The ruling is a win for the state and a loss for the conservative-leaning districts and schools that had challenged the state’s non-discrimination law, specifically its gender identity protections. Kane’s decision affirmed a January recommendation by a magistrate judge, a type of judge whose decisions can be reviewed by a full judge if one party objects. The eight plaintiffs in the case — School District 49, Colorado Springs District 11, Academy District 20, Montezuma-Cortez School District, James Irwin Charter Schools, Monument Academy, the Classical Academy, and Education reEnvisioned Board of Cooperative Education Services — objected to the January decision by Magistrate Judge Maritza Dominguez Braswell.It’s not clear what impact the ruling will have. The districts and charter schools that sued wanted the court to prevent Colorado officials from investigating, penalizing, or fining them for policies banning transgender athletes from joining school sports teams that match their gender identity. State officials so far have not penalized public schools that have such policies. A second defendant in the lawsuit, the Colorado High School Activities Association, agreed not to penalize schools and districts that have such policies as part of a December 2025 settlement. The association’s bylaws for years recognized the right of transgender athletes to participate on sports teams that match their gender identity and said the group can review district decisions on such matters. But a spokesperson for the group, which governs high school sports in Colorado and is often called CHSAA, said at the time it had never penalized a school or district for policies on transgender athletes. Some Colorado districts allow transgender students to play on teams that match their gender identity, some prohibit it, and some decide on a case-by-case basis. Peter Hilts, the superintendent of District 49, which spearheaded the lawsuit, said of Wednesday’s decision in an emailed statement, “We respectfully disagree with the judge’s ruling, but given that we have already secured protections for our students and coaches via a settlement with CHSAA, we are considering how to proceed.” The Colorado Attorney General’s office declined to comment on the ruling. District 49 sued the state and CHSAA in May 2025, after its school board narrowly passed a controversial policy banning transgender middle and high school students from joining school teams that align with their gender identity. The policy, which applies to both transgender boys and transgender girls, was developed after President Trump’s executive order threatening to withhold federal funding from schools that allows athletes assigned male at birth to participate in girls’ or women’s sports.When District 49’s school board considered the new policy, the district’s lawyer speculated that it could lead to the district being sued. But instead of playing defense, the district filed its own lawsuit. The other seven districts and schools joined as plaintiffs a couple months later. Kane’s 23-page ruling affirmed Dominguez Braswell’s January argument that the eight districts and schools didn’t have standing to sue the state on their own behalf or to sue on behalf of their students. If a party has standing, that means they have a right to have their lawsuit heard in court. One criteria for standing is that the plaintiff is facing harm. Kane found no proof of current or future harm. He said the districts and schools didn’t show evidence of a transgender student athlete who might take action because they believe they have faced discrimination as a result of the plaintiffs’ student athlete policies.“I cannot infer a speculated lawsuit or enforcement action would arise, if no transgender student, who would be subjected to discrimination, exists,” wrote Kane. Kane and Dominguez Braswell said the districts and schools don’t have standing to sue on behalf of all students because their students may have different opinions on whether transgender students should be allowed to play on teams that match their gender identity. Kane noted that a recent U.S. Supreme Court decision that allowed states to bar transgender athletes from playing on school teams that match their gender identity isn’t relevant to his ruling.“The Supreme Court’s opinion does not alter the requirements for standing, and as such, does not impact the analysis here,” he said. Ann Schimke is a senior reporter at Chalkbeat. Contact Ann at aschimke@chalkbeat.org.
