The lawyers say Trump's executive order, along with parts of a Jan. 20 executive order that forbids federal money from being used to “promote gender ideology,” subjects the teens and all transgender girls to discrimination in violation of federal equal protection guarantees and their rights under Title IX.
Two students challenging New Hampshire’s ban on transgender athletes on girls sports teams will also fight President Donald Trump's executive order, “Keeping Men Out of Women's Sports," after a judge approved their request Wednesday.
Trump's order last week gives federal agencies wide latitude to ensure entities that receive federal funding abide by Title IX in alignment with the Trump administration’s view, which interprets “sex” as the gender someone was assigned at birth.
It's believed to be the first time that the constitutionality of the executive order signed by Trump last week is being challenged in court, according to Boston-based GLBTQ Legal Advocates & Defenders, also known as GLAD Law, one of the groups representing the teens.
Last fall, a federal judge in New Hampshire ruled that the two students can try out for and play on girls school sports teams while the teens challenge the state ban.