Officials who punished two parents for wearing pink wristbands marked “XX” during a New Hampshire soccer game featuring a transgender player defended their decision at a hearing on whether they can take similar action while they are being sued.
Kyle Fellers and Anthony Foote were banned from school grounds after the September game by officials who viewed the wristbands as intimidation or harassment of a transgender player.
Superintendent Marcy Kelley claimed that the XX insignia carried on the wristbands “is a pretty well-known anti-trans symbol”, according to The New Hampshire Journal, interpreting their use as a reference to the XX chromosomes of a biological female and therefore a pointed suggestion that only students born girls should have been allowed to participate in the match.
Fellers and Foote later sued the Bow school district, and while the no-trespass orders have since expired, United States District Court Judge Steven McAuliffe is deciding whether the plaintiffs should be allowed to wear the wristbands and carry signs at upcoming school events, including basketball games, swim meets and a music concert, while the case proceeds.
Both men testified on Thursday that they didn’t intend to harass or otherwise target a transgender player on the opposing team and their attorneys have argued they did nothing more than silently express their support for reserving girls’ sports for those born female. But school officials testified Friday that they had reason to believe the men wouldn’t stop there.
Superintendent Kelley and Bow High School Athletic Director Michael Desiletes described receiving strongly-worded emails from Foote in which he called himself a “real leader” who was prepared to take action and seeing his social media posts urging others to attend the game. In the days leading up to the game, another parent told school officials she overheard others talk about showing up to the game wearing dresses and heckling the transgender player.
“When we suspect there’s some sort of threat… we don’t wait for it to happen,” Kelley said, comparing it to the way school officials wouldn’t wait until a fight broke out between two students to intervene if they got wind of it beforehand.
Kelley also pushed back on the idea that the plaintiffs were simply expressing support for their daughters and their teammates in general, noting that they chose the one game involving a transgender player to begin wearing the wristbands.
“This was organized and targeted,” she said. “If we were to allow harassment, we’re liable.”
The transgender player in question, Parker Tirrell, and another student athlete are challenging the state law that bans transgender athletes in grades five to 12 from teams that align with their gender identity. A federal judge ruled in their case that they can play sports during the ongoing lawsuit that seeks to overturn the law.
State Governor Chris Sununu, who signed the Fairness in Women’s Sports Act into law in July, has said it “ensures fairness and safety in women’s sports by maintaining integrity and competitive balance in athletic competitions.” About half of states have adopted similar measures.
