“The motive here was to separate biological males into a category where they are competing against other people who were born biologically male, that if I could point out my client separate competitors three ways by age, weight and sex,” USA Powerlifting attorney Ansis Viknins said
On Tuesday, the Minnesota Supreme Court heard opening arguments in a lawsuit filed by a transgender woman who had been rejected from the USA Powerlifting women’s team.
According to FOX News, the complaint was filed on behalf of plaintiff JayCee Cooper in 2021. In her lawsuit, Cooper claims that USA Powerlifting’s refusal to grant her membership in the women’s team constitutes a violation of the Minnesota Human Rights Act.
The act, notes FOX News, broadly prohibits discrimination against people “having or being perceived as having a self-image or identity not traditionally associated with one’s biological maleness or femaleness.”
“It’s just basic discrimination law that you can’t pick out people based on who they are, based on averages, generalizations and stereotypes about what their bodies are like,” Jess Braverman, an attorney representing Cooper in the lawsuit, said on Tuesday. “That’s true for cis-gendered women, it’s true for transgender women, and we want to make sure that law is enforced.”
Last year, a district court ruled in Cooper’s favor. In its decision, the court ordered that USA Powerlifting “cease and desist from all unfair discriminatory practices” predicated on either sexual orientation or gender identity.
USA Powerlifting appealed the decision; Cooper then cross-appealed, asking for a reconsideration of specific elements of the lower court’s ruling.
CBS News reports that USA Powerlifting created an open MX division in 2021, which serves all gender identities and is open to transgender and nonbinary athletes. But this division, Braverman said, “doesn’t solve the problem of transgender women being barred from women’s competition, which is the issue.”
“This case isn’t just important for JayCee, it’s not just important for trans athletes, it’s important for all of us to make sure there’s no discrimination in Minnesota,” Braverman said.
During the Tuesday hearing, the Minnesota Supreme Court asked USA Powerlifting attorney Ansis Viksnins to explain why banning Cooper from the women’s team should not be discriminatory.
Viksnins responded by saying that the organization’s decision was not “based on gender identity,” prompting the court to ask whether the policy would be equitable had it been based on race or religion instead.
“There is no legitimate, nondiscriminatory reason why there could be separation based on religion or national origin or race, whereas there is a legitimate, nondiscriminatory reason for separating and treating transgender or women differently,” Viksnins said.
“The motive here was to separate biological males into a category where they are competing against other people who were born biologically male, that if I could point out my client separate competitors three ways by age, weight and sex,” Viknins said. “They do not care about gender identity. They don’t care about sexual orientation.”
Sources
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Minnesota Supreme Court hears discrimination lawsuit brought by transgender athlete
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