Colorado School Districts Settle Suit, Can Now Separate Sports by Biological Sex

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A legal settlement in Colorado will allow public school districts to create separate sports teams based on biological sex without facing penalties. The agreement resolves a lawsuit brought by several districts against the state's high school sports governing body. The districts had challenged a 2022 policy from the Colorado High School Activities Association (CHSAA). That policy required schools to allow transgender students to join teams matching their gender identity. Districts argued it conflicted with a state law, the 2021 "Fairness in Women's Sports Act." Under the new settlement, CHSAA cannot punish districts that choose to follow the state law. This law prohibits transgender girls from competing on girls' sports teams. The settlement means individual districts can now decide which policy to enforce. CHSAA stated its existing inclusive policy remains an option for other districts. The association noted the settlement provides clarity for all member schools. Legal experts say the outcome creates a patchwork of policies across the state.