California girls’ high school volleyball players file lawsuit over transgender teammate
A lawsuit has been filed by three California students over the inclusion of a transgender teammate on their high school track and volleyball teams.
Filed in the US District Court for the Central District of California on Tuesday (9 September), the lawsuit has been brought by Madison McPherson, a former student at Jurupa Valley High School who now plays volleyball at the collegiate level. She used to compete one the track, field, volleyball, and soccer teams.
The other defendants listed in the filing are referred to by their initials “A.M” and “H. H,” though CNN confirmed they were Alyssa McPherson, the younger sister of Madison, and Hadeel Hazameh. Both of their mothers, Maribel Munoz and Hanan Hazameh, are also named in the lawsuit. Like Madison, Alyssa and Hadeel are both multi-sport athletes.
The lawsuit has been brought against the California Department of Education, the Jurupa Unified School District, and the California Interscholastic Federation. The plaintiffs are claiming to have suffered violations of Title IX of the Education Amendments Act 1972, the free speech and free exercise clauses of the First Amendment, and the Equal Protection Clause of the Fourteenth Amendment.
While the trans student in question has not been named, they are referred to throughout the lawsuit as “A. H.” suggesting the student is none other than A.B. Hernandez, who studies at Jurupa Valley High School.
Hernandez has faced the scrutiny of Donald Trump and conservatives over her participation on the girls volleyball team claiming she has an unfair advantage. The US President has even threatened to hold back “large-scale” funding for Californian schools if the state refused to comply with his executive order to prevent trans women taking part in female sports.
“Defendants have knowingly permitted a male student to compete on the JVHS varsity girls’ track and field and volleyball teams, access female locker rooms and bathrooms, and engage in harassing conduct toward female athletes,” Tuesday’s filing reads.
“As a result of Defendants’ actions, Plaintiffs have suffered sex discrimination, including sexual harassment, unsafe and unfair athletic environments, viewpoint discrimination, and infringements on their religious liberty and safety. These actions have deprived them of equal opportunities and their civil rights guaranteed by Title IX, the Equal Protection Clause of the Fourteenth Amendment, and the First Amendment,” it continues.
The plaintiffs claim that when they approached their coach to say that they were uncomfortable sharing a locker room with Hernandez they were kicked out of group chats.
One plaintiff was allegedly told, “If you want to be a captain and a member of our team, then be one.” They also argue they have been “bullied” into censoring their differing opinions on Hernandez’s inclusion.
The lawsuit alleges that Hernandez’s inclusion on the volleyball team led other school teams to forfeit matches “further depriving Plaintiffs of fair athletic opportunities.” It also says the plaintiffs abstained from events due to their own objections. They also had lower rankings in various events due to “biological advantages” the lawsuit claims.
It also raises objections to the inclusion of a trans athlete on the team due to the McPherson’s Catholic faith, as well as the Hazameh’s Muslim faith. The document also alleges that Hernandez engaged in “unwelcome and offensive contact” by slapping female players’ buttocks during games.
The plaintiffs have also expressed discomfort sharing a locker room with Hernandez arguing that using the nurse’s office “deprived them of the comradely, instruction, and discussion” of the locker room. The plaintiffs allege that school staff ignored or dismissed any of their concerns.
As far as relief, the lawsuit states the plaintiffs are seeking unspecified monetary damages and preventing the Jurupa Unified School District from “allowing any male student to participate or compete in any female sports.” They have also demanded a jury trial on the matter.
As reported by CNN, the defendants have declined to comment. Julianne Fleischer, an attorney for the plaintiffs has said, “California continues to ignore the rights and protections federal law affords female athletes, sidelining them in the name of ‘inclusion’. But the rights of female athletes are not second-class. This is not about politics—it is about protecting fairness, safety, opportunity, and the hard-won rights of young women in sports.”
AB Hernandez’s mother, Nereyda, sent a statement reminding people “there is a real child at the center of this issue.” She added, “Regardless of personal opinions, no child should be subjected to public scrutiny, targeted, or used as a political symbol.”
AB Hernandez recently spoke out against the vitriol aimed at them. “I’m just a normal kid,” she said. She then said, “People just see one thing and they’re like, ‘Oh, that’s what you are’. They don’t take the time to get to know me. So, it’s just a little frustrating.”