First & Fourteenth is proud to share a significant win for a coalition of Colorado school districts, including School District 49, in their challenge to the Colorado High School Activities Association (CHSAA) and the state of Colorado.
While claims against the state defendants remain pending before a federal district court judge, the school coalition reached a settlement with CHSAA which agreed to exit the federal lawsuit and provide protections to the eight participating districts. As a result, those districts may continue to enforce their own sports participation policies–including protecting girls from boys’ participation without fear of penalties, exclusion, or loss of eligibility for sanctioned competition from CHSAA. As Michael Francisco, who serves as lead counsel for the coalition, explained, “CHSAA’s decision to settle leaves it to Colorado districts as to whether they want to adopt a policy governing biological sex in sports like the plaintiff districts.”
What this decision means in practice: School District 49 and the other districts may now 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, and comply with Title IX and the U.S. Constitution while rejecting mandates that put student privacy at risk.
Before the settlement, districts faced potential sanctions under CHSAA bylaws that threatened coaches and student-athletes advocating for privacy and fairness. District 49 Superintendent Peter Hilts was clear about what was at stake. “I would never want my daughters to compete against a boy; that would be unfair,” he said. He also explained, “We didn’t want a state agency to sanction our coaches or our student-athletes for advocating privacy, fairness, and dignity.” This resolution affirms a core principle: local school districts—not unelected associations—retain the authority to set common-sense policies that protect girls’ sports, safeguard student privacy, and uphold the original intent of Title IX.
While CHSAA has been dismissed after the settlement was reached, the litigation remains ongoing as to the remaining state defendants. The magistrate judge recommended dismissal based on jurisdictional and standing grounds, and the school coalition has objected to the recommendation which is now pending before U.S. District Court Judge John Kane.
Read more here: Colorado Schools Win Major Battle In Fight To Protect Girls’ Sports