Background
In a recent ruling, a state judge in Utah has decided that transgender teenagers challenging a state law banning trans girls from participating in girls’ sports teams can keep certain portions of their mental health records confidential. The judge deemed that some details about their mental health are irrelevant to the case. This ruling follows a previous order in September, in which the students were required to provide state attorneys with access to their mental health records from the past seven years, as well as documents related to their medical transition and puberty.
The Ban and Legal Battle
Utah implemented the ban on trans girls participating in girls’ sports teams last year after the Republican-controlled Legislature overrode Governor Spencer Cox’s veto. However, Judge Keith Kelly temporarily blocked the ban from being enforced, citing concerns about irreparable harm and a severe impact on the mental health of transgender girls. He also noted that the ban constituted unfavorable treatment. The court is currently assessing the legality of the ban, and Utah is one of several states with similar restrictions on transgender youth.
Privacy Concerns
Although the recent ruling allows for some confidentiality, the plaintiffs’ attorneys continue to raise concerns about privacy. They argue that the state should not have access to the deeply personal mental health records of children who have not waived their therapist-client privilege. The judge’s decision allows for the redaction of details concerning irrelevant third parties, isolated events, and the students’ birth names (also known as deadnames). The attorneys stress that these records are not relevant to a sports case and that the children should have the freedom to speak openly in therapy sessions.
Next Steps
The plaintiffs’ attorneys plan to work with the state’s lawyers to determine how the mental health records can be appropriately used in court. They aim to minimize any potential harm or stress that could arise from the deposition process. The defense attorneys argue that they should have full access to the mental health records, including portions that may seem unrelated, to assess the impact of the state law on the girls’ distress.
The Lawsuit and Arguments
The families of the transgender girls argue in their lawsuit that the bans on transgender athletes unfairly target their daughters and treat them less favorably than other girls. They claim that the law fails to consider individual circumstances and treats transgender status as a determinant of athletic ability. Supporters of the ban, however, argue that transgender athletes may have inherent advantages and compromise fairness in girls’ sports.
Backup Plan
While the ban is on hold, a commission consisting of politically appointed experts from the athletic and medical fields has been established to assess transgender athletes on a case-by-case basis. This fallback plan was created by Republican state lawmakers in another 2022 law. The commission considers factors such as height, weight, and the use of puberty blocking drugs or hormones. Critics argue that this approach may cross a line and lead to potential discrimination.
