Monday's decision in Gaines v. NCAA by Judge Mark Cohen (N.D. Ga.), allows two plaintiffs in a challenge to NCAA's transgender eligibility policies to proceed pseudonymously:
Although [federal law] creates a "strong presumption in favor of parties proceeding in their own names …, the rule is not absolute. A party may proceed anonymously by establishing 'a substantial privacy right which outweighs the 'customary and constitutionally embedded presumption of openness in judicial proceedings.'" …
[T]he Court finds that the allegations in this case concern matters of personal beliefs and positions that could subject the Doe Plaintiffs to stigmatization, ostracization, retaliation, and violence. Specifically, Plaintiffs take the viewpoint that transgender women "have inherent physical advantages" over cisgender women and should not be allowed to compete in single-gender athletic contests "as a matter of fairness." Because this lawsuit involves personally held beliefs regarding gender identity, the Court finds that disclosure of the Doe Plaintiffs' identities would be tantamount to compelling them to "disclose information of utmost intimacy."
Furthermore, Plaintiffs have also offered declarations of Plaintiffs Riley Gaines and Lily Mullens, as well as members of faculty and administration at various universities, testifying to the retaliation, threats, and stigmatization they experienced as a result of voicing their opinions on the transgender-athlete controversy. See, e.g., Decl. of Riley Gaines (averring that she was trapped in a small office for three hours while protestors yelled profanities at her, including calling her transphobic). The Court finds that Plaintiffs have submitted sufficient evidence that the Doe Plaintiffs would likely face adverse reactions in their communities should they be required to disclose their identities at this time. While the Court is mindful that "personal embarrassment alone is not enough for leave to proceed anonymously," "the Court recognizes the unique sensitivities that exist within the current political climate and social context," and finds that leave to proceed pseudonymously is appropriate in this case….
