#

Two Granite State high school girls are so frustrated at having to compete against biological males in all-girls sports competitions that they want to join the ongoing federal lawsuit to defend New Hampshire’s women’s sports law, as well as the two executive orders issued by the Trump administration that protect women’s sports.

“Because I work so hard, it is frustrating and disheartening when it feels like the rights of female athletes are being sidelined or ignored,” one girl said in her court motion. 

Two New Hampshire girls, K.D., and B.W., filed motions along with other female athletes and the organization, Female Athletes United, this week to join the lawsuit brought by biological males Parker Tirrell and Iris Turmelle. The latter two are suing the State of New Hampshire and President Donald Trump for the right to compete in girls-only sports competitions.

Alliance Defending Freedom attorneys representing Female Athletes United, an association of female athletes, filed a motion Friday with the U.S. District Court for the District of New Hampshire to intervene in the Tirrell v. Edelblut lawsuit.

The lawsuit was first filed in response to New Hampshire’s law, signed by then-Gov. Chris Sununu. But the lawsuit was expanded to include Trump after he signed an executive order titled “Keeping Men Out of Women’s Sports.”

“With this executive order, the war on women’s sports is over,” Trump said at the time.

Schools are required to comply with Title IX, which prohibits discrimination based on sex for programs receiving federal funding. The Biden administration issued a rule change declaring an athlete’s sex as “gender identity,” reversing decades of precedent.

The Trump order returned to the recognized biological definition of sex as determined by biology.

Jonathan Scruggs, an attorney with the legal non-profit Alliance Defending Freedom, said the case boils down to whether there’s a physical, biological difference between men and women. For Scruggs and the female athletes, it’s clear men and boys are different from women and girls.

“Biological difference is the obvious matter, and that’s why we’ll win,” Scruggs said.

However, the presiding judge in this case, United States District Court Judge Landya McCafferty, previously wrote in an initial ruling that neither Tirrell nor Turmelle have any physical advantage as biological males.

“Neither Parker nor Iris have undergone male puberty. Neither of them will undergo male puberty. Both have received hormone therapy to induce female puberty, and both have developed physiological changes associated with female puberty. It is uncontested that there is no medical justification to preclude Parker and Iris from playing girls’ sports,” McCafferty wrote.

But K.D., who is from Bow, says in her motion that Tirrell had a definite advantage when she played against him, and he knocked her to the ground several times during game play. She described Tirrell as being larger and more muscular than the girls who were competing. The two played against each other during games in an indoor soccer league 

“In this league, I played against Parker on multiple occasions. Because I was scoring a lot, Parker was assigned to defend me, so we often came into physical contact with one another while playing. On several occasions, Parker knocked me down. It felt noticeably different than when I have run into a female when playing. Parker is sturdier, more muscular, and overall just built differently than a female,” K.D. said in her motion. “I was angry and upset that a male was playing against me and knocking me down. It felt inappropriate and unfair that something like this was happening and that no one in charge seemed to recognize what I and the other girls were going through in having to play against a male.”

Scruggs said K.D.’s experience shows that the popular talking point among activists — that ‘transgender’ players do not have any size or strength advantage over women and girls, is just wrong.

“We’ve seen this kind of false narrative on this subject for some time,” Scruggs said. “The fact is someone’s gender identification is not relevant to athletic performance, biology is.”

B.W., a Gilmanton girl, wrote in her motion that she was apprehensive when her team played against a high school team that included a large biological male as goalie. B.W.’s motion does not name the athlete, but stated she considered the male player’s presence a concern.

“Although we won, it still felt like a violation of the rights of female athletes to have a sports team designated for girls. Especially, because as the male student is the starting goalie, that student was taking a place on the field that would otherwise have gone to a female athlete. If a male student joined my team, I would strongly consider no longer playing for my school. I think it is unsafe and unfair for a male to take a girl’s spot on the girls’ team,” B.W. stated.

Both K.D. and B.W. illustrate the core problems with transgender athletes in girls sports, Scruggs said. 

“It’s a matter of fairness and safety,” Scruggs said. “These have real-world consequences.”

Scruggs said if actual biology is taken into consideration, then Tirrell and Turmelle’s lawsuit ought to be dismissed. 

The high school soccer referee who reportedly threatened to cancel a Bow girl’s soccer game because parents wore pink “XX” wristbands issued an apology as part of a settlement agreement in the ongoing federal lawsuit.

Soccer dads Kyle Fellers and Anthony Foote, as well as Nicole Foote and Eldon Rash, filed the lawsuit against the Bow School District after they were ordered to remove their pro-girls sports wristbands at a Sept. 17 Bow game against another girl’s team that includes a transgender player. 

Fellers and Anthony Foote were later slapped with no trespass orders by the Bow School District.

Referee Steve Rossetti, who officiated the game, was named in the lawsuit for reportedly threatening to cancel the game if the parents did not remove the wristbands. But Rossetti was dismissed as a defendant this week. As part of an agreement reached with the parents, Rossetti wrote Fellers a letter of apology for swearing at him during a heated exchange.

“I did not choose my words very carefully during our exchange, and I regret any offense I may have caused you,” Rossetti wrote to Fellers. 

According to the original complaint filed in the United States District Court in Concord, Rossetti walked up to Fellers in the school parking lot after the game and let loose on the soccer dad.

“As the spectators and teams left to go to their vehicles, some expressed support for Fellers’ message while others criticized him. Rossetti, the referee who had threatened to cancel the game and make Bow forfeit, called Fellers a ‘f***ing a**hole’ and told him that his daughter would hate him,” the complaint states.

Rossetti works for the New Hampshire Interscholastic Athletic Association as a referee. He is not a school district employee. The lawsuit against SAU 67 and Superintendent Marcy Kelley, is still active, said Del Kolde, a senior attorney for the Institute for Free Speech which is representing Fellers and the other parents. 

“The case is proceeding against Bow School District and the named officials. We are still waiting for the district court to rule on our motion for preliminary injunction,” Kolde told NHJournal.

United States District Court Judge Steven McAuliffe has already overturned Bow’s no trespassing order that prevented Fellers and Foote from going to games and other after school events. But the parents want an injunction to allow them to be able to wear the wristbands and engage in silent protests at future games and school events.

Kelley testified in November that she deems the XX wristbands a problem because they represent an “exclusionary” anti-transgender view that only biological girls should be allowed to play in girl’s sports. Asked if she would ban rainbow wristbands to support LGBTQ+ players, Kelley said she would not.

“It’s inclusionary, it’s not targeting or harassing anyone,” she testified.

Bow’s Sept. 17 game was against the Plymouth High School girl’s team, which includes openly transgender player Parker Tirrell. The week before the Bow game, Tirrell won the right to play on the girl’s team in a lawsuit against New Hampshire’s law banning biological boys from girl’s spots, HB 1205. 

Tirrell played nearly the whole game against Bow on Sept. 17, and there are no reports of Fellers, Foote, or any other parents specifically targeting Tirrell during their wristband wearing, or making any harassing comments directed at Tirrell. 

Marc Jacques, the convicted child porn felon who has been lurking at local girls high school sports events for months, now faces a new round of charges for allegedly possessing child sex abuse images.

According to a statement from the office of U.S. Attorney Jane E. Young, the latest illicit content found in Jacques’ possession includes “several videos and images that appear to depict pubescent, minor females engaged in sexually explicit conduct.”

But perhaps even more disturbing is the fact that his probation officer had evidence of the alleged crimes for months and never bothered to take action, according to the affidavit filed in the United States District Court in New Hampshire.

Jacques, 50, is the father of Kearsarge High School’s Maelle Jacques, a biological male track athlete who won an NHIAA championship last year while competing against girls. Maelle Jacques’ participation on the Kearsarge girls’ soccer team last season caused several teams to forfeit games as the district ignored a state law protecting female athletes from being forced to compete against males.

But Marc Jacques’ unsupervised attendance at the same games inspired outrage when parents found out about his criminal history. Marc Jacques was allowed to be at numerous high school games and extracurricular events this school year, using his transgender child as a shield. 

Marc Jacques was convicted in March in a child sex abuse image case, but remained free on bail pending his sentencing. Though he was sentenced in September to five years in prison, the former Dartmouth College employee was allowed to remain free on bail — and attend school events — until Dec. 2.

On Monday, the U.S. Attorney’s Office announced new charges against Marc Jacques, including a new count of possessing child sex abuse images after he was caught downloading videos and photos depicting children being sexually abused while he was on bail. 

According to Homeland Security Investigations Agent Derek Dunn’s affidavit, Marc Jacques accessed and downloaded the child sex abuse images in August and September using devices that his probation officer was supposed to be monitoring. Marc Jacques was allowed to use a laptop, a desktop computer, and a cell phone while on bail after his probation officer installed monitoring software.

In both instances, the monitoring software captured the activity when Marc Jacques allegedly downloaded the child sex abuse material, but his probation officer never checked the software reports until October, Dunn writes. The videos and images reportedly depict young prepubescent girls being abused.

In October, parents in the high school sports community were concerned that Marc Jacques was attending Kearsarge girl’s soccer games despite his sex crimes conviction. Several parents contacted the United States Attorney’s Office in Concord with questions about why Marc Jacques was being allowed free access to the games.

The United States Attorney’s Office contacted Marc Jacques’ probation officer on Oct. 15 to discuss the conditions of release set for the convicted sex offender. This conversation prompted the probation officer to check the monitoring software on Oct. 16, for the first time since at least August, according to Dunn’s report.

Marc Jaques was arrested on Oct. 18 for violating his bail. He’s since started his five-year sentence in the original case. 

It’s not unheard of for people convicted in federal criminal cases to get a few weeks of freedom before starting their sentences, allowing them to get their personal affairs in order. But Marc Jacques received months of extra time after he pleaded to United States District Court Judge Paul Barbadoro that his transitioning son Maelle Jacques needed him at the high school soccer games.

“Maelle is going need me to be present and in attendance to support [Maelle] and protect [Maelle] in the face of the fears [Maelle] will have of what could happen to [Maelle] on the athletic fields,” Marc Jacques wrote in a letter to the court ahead of his September sentencing.

Kearsarge officials knew about the conviction and sentencing, but allowed Marc Jacques to be at the games anyway. They also said nothing to opposing teams when Kearsarge went on the road. Superintendent John Fortney said in a letter to parents after the Oct. 18 arrest that there was no legal way for the district to stop Marc Jacques from attending the games, despite the conviction.

Marc Jacques is due in the federal court in January for an initial appearance. 

One of the Bow parents fighting for his right to bear pink, XX wristbands at school athletic events faced a slightly skeptical judge during Thursday’s hearing in the United States District Court in Concord.

When asked by Judge Steven McAuliffe why he wore the wristbands to a Bow girl’s soccer game in September, Anthony “Andy” Foote testified he wanted to support girls in girl’s sports, and not negatively target people in the transgender community with his protest.

“The bottom line is girls are losing what they fought for,” Foote said. 

But McAuliffe wasn’t sold on that explanation, saying it reminds him of the people who protested against the Vietnam War when he was a young man.

“They said, I’m not protesting the war, I’m supporting peace,” McAuliffe said. “I don’t see the difference there.”

Foote, along with fellow soccer dad Kyle Fellers, Foote’s wife Nicole Foote, and Eldon Rash, are suing the Bow School District after they were banned for the offense of wearing pink wristbands marked with XX. Thursday’s evidentiary hearing will allow McAuliffe to decide if the parents can put on the wristbands at games or not. More testimony is anticipated Friday.

After Foote and Fellers were forced to remove the wristbands at the Sept. 17 game, and Fellers was ordered to leave the field, both men were served with no trespassing letters from the Bow School District that banned them from their children’s games and other school events. McAuliffe overturned the ban last month, but he did not block the district’s prohibition against silent forms of protest.

When questioned by the attorneys, both Fellers and Foote maintained on the witness stand they were supporting women’s sports by wearing the wristbands. But McAuliffe wanted to establish Foote and Feller’s need to publicly support for women isn’t occurring in a vacuum. 

“The object of your protest is, ‘I don’t like the fact a trans girl is playing on a girl’s team,’” McAuliffe said. “It’s all about the trans girls playing on girls’ teams.”

McAuliffe previously suggested there is nothing bigoted in believing that transgender girls — aka “biological boys” — should not play full-contact sports with biological girls. He said again Thursday that opinion is not out of bounds.

“You’re entitled to your viewpoint, a lot of people hold it,” McAuliffe said.

Bow’s Sept. 17 game was against the Plymouth High School girl’s team, whose roster includes biological male Parker Tirrell. The week before the Bow game, Tirrell won the right to play on the girl’s team in a lawsuit against New Hampshire’s law banning biological boys from girl’s spots, HB 1205. Tirrell played nearly the whole game against Bow on Sept. 17. 

In the days leading up to the game against Plymouth, and after Tirrell’s legal victory, Foote sent an email to Bow Athletic Director Mike Desilets demanding action to protect the girl’s team.

“Where’s your courage? Where’s your integrity? Stand up for real women or get out of the way,” Foote wrote.

Desilets also received an email from another parent warning about planned disruptive protests at the Plymouth game by angry parents. Foote said that email, warning that soccer dads planned to wear dresses and harass Tirrell, is not based on any facts and the writer had no conversation with him about his protest plans.

And, it was pointed out, none of those events happened.

Instead, the four wore their pink wristbands, there was no comment made toward Tirrell during the game, and no mention of any specific player.

“This was not about heckling Parker Tirrell,” Foote said.

McAuliffe also viewed the police body camera recording of the confrontation between Bow Police Lt. Phil Lamy and Fellers. Fellers had been ordered to leave the field after becoming verbally combative with officials. At his car in the parking lot, Fellers held up a sign with a “Support women in women’s sports” slogan and got into another verbal altercation with Lamy when the game ended.

Fellers was reportedly holding up his sign in the direction of Plymouth’s team bus, but said he did not notice the bus and had no intention of targeting Tirrell.

“I don’t believe anybody should intimidate anybody,” Fellers said.

McAuliffe’s questions about Foote’s intent highlight the nuance in the legal issues at play. While there’s a free speech right to protest, there are also laws against harassment. The school district has maintained it was trying to protect Tirrell from anti-transgender harassment when officials confronted the parents over the wristbands and forced them to remove the items. 

However, that does not explain why the parents were subsequently banned from all after school events. That may be cleared up Friday when Bow Superintendent Marcy Kelly is expected to testify.

Several members of the Hillsboro-Deering High School Girls Soccer team refused to play against the Kearsarge team Tuesday due to safety concerns over Kearsarge’s star athlete, biological male Maelle Jacques.

“This isn’t about transgenderism. This is about biology for us and the increased physical risk when playing a full contact sport against the opposing sex” said Heather Thyng, mother of a Hillsboro-Deering player.

At least five girls on the varsity squad skipped the game at Kearsarge Regional High School, according to Hillsboro-Deering parent Betsy Harrington. With 17 varsity players on the roster, Hillsboro-Deering was forced to use JV players in order to play the game. 

“The Hillsboro girls can’t even get down the field without any of their best players. It’s one-sided,” Harrington told NHJournal.

Jacques played goal for most of the game, but was pulled off their field with 10 minutes left after having nothing to do. 

“No one ever got near [Maelle,] so I guess they’ll never be in any danger if there’s enough girls to always have a weak team,” Harrington said. “If every game has a few girls refusing to play, we will never know the ability of the Kearsarge team. They have an advantage I hadn’t thought about. It’s that they get to always play a crippled team without all of their players.”

Thyng stood by her daughter’s decision since players like Jacques should not be competing against girls, she said.

“We believe, my daughter included, that refusing to compete is the best way to push back on this issue, and we are hoping parents will be more willing to put themselves out there knowing they don’t have to be the first or the only family within our community to do so,” Thyng said.

Thyng is concerned that her daughter and other players could be hurt playing against Jacques, a nearly 6-foot tall biological male. Scenarios like tonight’s soccer game, where girls would be forced to play contact sports against biological males, were supposed to be a thing of the past after Gov. Chris Sununu signed HB 1205 this summer.

The law requires all school athletes from 5th grade through high school to compete on teams that correspond to their biological sex at birth. But the Kearsarge School Board voted this summer to ignore the law in order to allow Jacques to keep playing.

Jacques is well known in New Hampshire high school sports, having already won first place in the girls high jump competition earlier this year, beating every female in the New Hampshire Interscholastic Athletic Association (NHIAA) indoor track and field championship.

Two New Hampshire transgender students, Parker Tirrell and Iris Turmelle, are challenging the law in federal court and have so far won an injunction to allow them to play on girls’ teams. But that order does not apply to any other student in the state, including Jacques.

The team’s coaches told Tyng that neither her daughter nor any other player who boycotts the game will suffer retaliation as a result. “The coaches reassured me they told the girls there would be no negative repercussions for anyone who refuses to compete. They said they understood the increased risk and would be paying attention to the aggressiveness of the game, and if anyone was getting hurt or play was too rough, they were prepared to end the game, Thyng said.

The Bow School District is facing a First Amendment lawsuit from parents who were punished for taking part in a silent protest at a girls’ soccer game. The parents were hit with a no trespass order when they wore pink “X” wristbands to the game earlier this month.

This story was updated after the game was played.

United States District Court Judge Landya McCafferty ruled Tuesday that the state’s new law protecting girls school sports from male competitors is a clear case of discrimination.

“This issue ‘is not even a close call,’” McCafferty wrote in her ruling. “HB 1205, on its face, discriminates against transgender girls.”

McCafferty’s ruling is based on the controversial premise that males who identify as females are girls in the same way that biological females are, and they are protected by the same antidiscrimination laws designed to protect biological females. The issue is almost certain to eventually be addressed by the U.S. Supreme Court.

As a result, high school freshmen Parker Tirrell and Iris Turmelle, two biological males who identify as female, are allowed to play girls sports pending the outcome of their lawsuit against the state.

McCafferty’s injunction against HB 1205 only applies to Tirrell and Turmelle at this time. McCafferty’s statements in court and her rulings so far, however, indicate she’s likely to overturn the law soon.

Tirrell and Turmelle, represented by GLAD and the New Hampshire ACLU, brought the lawsuit soon after Gov. Chris Sununu signed the bill into law this summer. HB 1205 requires New Hampshire student-athletes to play on sports teams that correspond to the biological sex recorded on their birth certificates.

The requirement that students stick with their biological sex at birth for sports teams is an obvious legal mechanism to discriminate against transgender girls, the judge claimed.

“Indeed, transgender girls are the only group whom the Act bars from playing on the team associated with their gender identity. HB 1205’s ‘disparate treatment of transgender girls because they are transgender is clear on the face of the statute,’ and this ‘singling out of transgender females is unequivocally discrimination,’” McCafferty wrote.

HB 1205 supporters have said the bill aimed to protect the integrity of girls sports and prevent biologically male transgender students from gaining a competitive advantage over biological girls. The bill also sought to protect girls from being injured by biologically male athletes.

But McCafferty notes that neither Tirrell nor Turmelle are likely to have any physical advantage over their prefigured teammates. Both children are receiving female hormone therapy and are not expected to undergo normal male physical development. 

“Neither Parker nor Iris have undergone male puberty. Neither of them will undergo male puberty. Both have received hormone therapy to induce female puberty, and both have developed physiological changes associated with female puberty. It is uncontested that there is no medical justification to preclude Parker and Iris from playing girls’ sports,” McCafferty wrote.

Instead, McCafferty relies largely on an expansive reading of the 2020 U.S. Supreme Court’s Bostock v. Clayton County decision regarding sex-based dress codes in the workplace. However, Justice Neil Gorsuch, writing for the majority, explicitly stated that the ruling only applied to the case the Court was addressing at the time.

“The employers worry that our decision will sweep beyond Title VII to other federal or state laws that prohibit sex discrimination. And, under Title VII itself, they say sex-segregated bathrooms, locker rooms, and dress codes will prove unsustainable after our decision today. But none of these other laws are before us; we have not had the benefit of adversarial testing about the meaning of their terms, and we do not prejudge any such question today. Under Title VII, too, we do not purport to address bathrooms, locker rooms, or anything else of the kind.”

Michael Garrity, spokesman for the New Hampshire Department of Justice, said the agency is considering the next appropriate step.

“We are currently reviewing the court’s decision and are in the process of evaluating the implications of the ruling. We remain dedicated to providing a safe environment for all students. The state will continue to consider all legal avenues to ensure that we uphold both the law and our commitment to student welfare,” Garrity said.

A federal judge ruled Monday that a male Plymouth Regional High School who identifies as a girl can still play on the girl’s soccer team.

United States District Court Judge Landya McCafferty, an Obama appointee, issued a temporary restraining order allowing Parker Tirrell, 15, to keep playing, in violation of HB 1205, the new law banning biological boys from girls sports.

The order only applies to Tirrell and no other students in New Hampshire. However, McCafferty said in her order that a more broad injunction against the law is possible following a hearing set for Aug. 27.

The cause of the high school sports careers of Tirrell and Iris Turmelle, a Pembroke Academy boy who also identifies as a transgender girl, is being championed by GLAAD and the American Civil Liberties Union of New Hampshire in the federal lawsuit filed earlier this month.

Turmelle is not playing on any fall sports teams and was not part of Monday’s hearing.

HB 1205 which took effect on Monday, was passed in the wake of a series of high-profile incidents in which biological males won girls championships or injured female competitors while playing girls sports in New England. But GLAAD lawyer Chris Erchull argued Monday that Tirrell has no physical advantages over the girls since having started hormone therapy, according to NHBulletin reporting.

Assistant Attorney General Michael DeGrandis argued against the temporary restraining order, telling McCafferty there is no need to block the law while the case is pending.

Monday’s hearing came as a social media rumor swirled that the state planned to make a deal on the temporary restraining order with Tirrell and the GLAD and ACLU lawyers. New Hampshire Department of Justice General Counsel Chris Bond told NHJournal no deal was ever in the works.

“There is not now and there never was a deal regarding entry of a TRO. The Attorney General’s Office is responsible for defending the duly enacted laws of the State of New Hampshire when they are challenged in court. Given that mandate, the AGO will not voluntarily assent to a TRO that would result in the temporary suspension of the provisions of [the law],” Bond said in an email.

Those on the left see McCafferty’s ruling as the first victory in abolishing the law.

“Transgender youth, like all adolescents, want and deserve every opportunity to experience joy, including through activities like school sports. We won’t stop fighting until they have that opportunity again,” the ACLU posted on social media.

Meanwhile, some on the right are frustrated, not by Monday’s ruling, but by the law itself. Cornerstone Action Executive Shannon McGinley said HB 1205 was doomed to fail due to the actions of Gov. Chris Sununu.

Last month, when Sununu signed HB 1205 to keep biological males out of girls sports he also vetoed HB 396, a law that would have made it legal for the state to make legal distinctions based on biological sex and separate men from women in bathrooms, locker rooms, and jails.

“The new law uses birth certificates as the definition of biological sex – an unwieldy and unworkable concept that has failed both practically and legally around the country,” McGinley said.

“What Gov. Sununu has just done is a fraud, not a compromise. He caved entirely to the most far left 10 percent of the state while giving nothing to female prisoners, athletes, and vulnerable students,” McGinley said.