Three female high school track athletes are suing the Connecticut Interscholastic Athletic Conference (CIAC) over unfair rules that allow biological males who identify as female to compete in women’s sports. Last month, a district court judge barred the girls’ lawyers from referring to the biological males as “males,” insisting that the lawyers call them “transgender females.” He threatened to retaliate if they refuse to do so. This effective gag order may undermine their case, and it certainly shows bias against their underlying argument. Therefore, the lawyers moved for the judge to recuse himself.
“The Court has now reprimanded Plaintiffs’ counsel and prohibited Plaintiffs from referring to those individuals as ‘male athletes’ because—in the Court’s view— alluding to an individual of the male sex as male is contrary to science, ‘bullying,’ and violates ‘human decency’ if that individual claims a female gender identity,” attorneys Roger Brooks, Kristen Waggoner, and Howard M. Wood III wrote in a motion filed Friday and provided to PJ Media. “A disinterested observer would reasonably believe that the Court’s order and comments have destroyed the appearance of impartiality in this proceeding. That requires recusal.”
They asked District Court Judge Robert Chatigny to recuse himself from the case, arguing that his order “and comments during the hearing would leave an impartial observer gravely concerned that the Court has prejudged the matter, rejected core aspects of Plaintiffs’ case before hearing the evidence and legal arguments, and assumed the role of advocate for the defendants, all to the detriment of Selina Soule, Chelsea Mitchell, Alanna Smith, and Ashley Nicoletti.” (Read more from “Judge: Biological Males in Women’s Sports Cannot Be Called ‘Males’ in Court, Must Be Called ‘Transgender Females'” HERE)