As public debate rages on over transgender athletes participating in women’s sports, a federal judge has dismissed a lawsuit filed by multiple El Paso County school districts and charter schools against the Colorado Attorney General Phil Weiser and the Colorado Civil Rights Division over their policies affecting student athletes.

Senior U.S. District Judge John L. Kane granted a motion to dismiss the case on Aug. 26, affirming that the plaintiffs lacked prudential standing, since they claimed no concrete injury, but rather “an asserted risk of future harm.”

“Even viewing the Amended Complaint in the light most favorable to Plaintiffs, I cannot infer a speculated lawsuit or enforcement action would arise, if no transgender student, who would be subjected to discrimination, exists,” Kane wrote in his order.

The ruling came following a January recommendation to dismiss the lawsuit by Magistrate Judge Maritza Dominguez Braswell. The plaintiffs filed an objection to this recommendation on Feb. 10. Kane also agreed with Braswell’s conclusion that the districts can’t bring their claims on behalf of all their students, since there are likely a variety of opposing views and opinions than what’s stated in the suit.

The lawsuit was filed in spring 2025 by School District 49 after its board passed a new policy that dictated students’ participation in school sports based on their biological sex rather than their chosen gender identity.

This policy also includes parameters regarding locker room use and overnight accommodations.  

The lawsuit alleged that the Colorado Anti-Discrimination Act requires school districts to discriminate against female student athletes by allowing biological males to compete against them.

It also alleged that the Equal Protection Clause of the United States Constitution conflicts with these bylaws, since such participation could lead to sex discrimination by depriving female students of athletic opportunities.

Academy District 20, Colorado Springs District 11, The Classical Academy, Monument Academy, James Irwin Charter Schools, Education ReEnvisioned Board of Cooperative Services and Montezuma-Cortez District RE-1 in southwest Colorado later joined the lawsuit as plaintiffs, after passing their own similar policies and expressing a need to preserve safety and fairness in sports for biologically female athletes.

Also initially named as a defendant was the Colorado High School Activities Association (CHSAA), but they would reach a settlement with the plaintiffs in December. Per the agreement, each plaintiff can enforce their policy regarding student sports participation while participating in CHSAA events.

“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,” D-49 Superintendent Peter Hilts said in a statement to The Gazette.

A spokesperson for Weiser told The Gazette his office had no comment on the ruling. Representatives with D-20 and The Classical Academy provided no comment when contacted by email.