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The convicted sex offender allowed to hang out at Kearsarge High School girls’ soccer games to support his transgender child is getting time to make a deal in his latest child sex abuse image criminal case.

Marc Jacques, 51, is facing one count of possessing child sex abuse images after he was caught downloading videos and photos depicting children being sexually abused while he was out on supervised release for a prior child sex abuse image conviction.

This week, United States District Court Judge Talesha Saint-Marc approved a joint request to delay a scheduled probable cause hearing, as well as possible grand jury indictments. The delay until September is to give both prosecutors and attorneys for Marc Jacques time to reach a plea agreement.

Whatever agreement prosecutors reach with Jacques, it’s unlikely to be as good as the sweetheart deal he got last year.

Despite pleading guilty to possession of child sex abuse images in March 2024, he was allowed to remain free on bail pending sentencing. Jacques was then sentenced in September to five years in prison, but still the former Dartmouth College employee was allowed to remain free on bail until Dec. 2.

Jacques used that free time to hang around at kids’ soccer games and, according to the new charges, download more child porn.

How did Jacques stay out of prison? He used his son, Maelle Jacques, and his status as a transgender female athlete, to leverage sympathy from New Hampshire’s legal system and the Kearsarge school district.

Marc Jacques is the father of Kearsarge High School’s Maelle Jacques, a biological male track athlete who won a 2023 NHIAA girls championship. Maelle Jacques’ participation on the Kearsarge girls’ soccer team last season caused several teams to forfeit games as the district openly flouted a state law banning biological boys from girls’ sports.

Marc Jacques was attending games and other after-school events with the knowledge of Kearsarge school administration and the school board. Though the school district did not notify other schools that their star player’s father is a convicted sex offender, word started getting out among parents.

According to former United States Attorney for the District of New Hampshire Jane Young, it took the effort of many concerned parents to get the United States Probation Department to take a second look at how Marc Jacques was spending his free time.

“I commend those parents for calling here. I would ask if there is a parent who has concerns that they continue to call,” Young said.

Marc Jacques was arrested on the new charge in October for allegedly accessing and downloading child sex abuse images in August and September using devices that his probation officer was supposed to be monitoring, according to Homeland Security Investigations Agent Derek Dunn’s affidavit. The videos and images reportedly depict prepubescent girls being abused.

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. The monitoring software captured the activity when Marc Jacques allegedly downloaded the child sex abuse material, but his probation officer didn’t check the software reports until October, Dunn writes, after parents started to alert authorities about his game attendance.

After hearing from parents, 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.

After Marc Jacques was arrested in October, Kearsarge Superintendent John Fortney claimed there was nothing he could legally do about the situation.

“Because these events are open to the public, the district may restrict access only in the case of a prior civil no trespass order, or active court order. In general terms, we cannot selectively determine who may or may not attend any event,” Fortney said in a letter sent to parents after the arrest.

No letter was sent to parents before the arrest alerting them that a convicted sex offender was attending their children’s games.

But Kearsarge leadership does take action to protect some students. Kearsarge School Board Chair Alison Mastin threatened to have a member of the public arrested for the crime of misgendering Maelle Jacques.

During the public comments portion of an August school board meeting, Mastin reportedly stopped conservative gadfly Beth Scaer from talking and threatened to have her arrested when Scaer called Maelle Jacques a “tall boy.” Maelle Jacques is at least 6 feet tall and appears to have gone through puberty as a male. Scaer has since filed a lawsuit against Mastin and Kearsarge on free speech grounds.

Why would Kearsarge School Board Chair Alison Mastin threaten to have a member of the public arrested for speaking at a public meeting?

According to the new lawsuit filed in the United States District Court in Concord, because the speaker called a biological male athlete who identifies as female a “tall boy.”

Beth Scaer, a well-known conservative Granite State activist, made her comment during an August meeting as the Kearsarge board was dealing with the state’s new law banning biological males from girls’ sports. Kearsarge is home to champion high school athlete Maelle Jacques, a boy who identifies as a girl and won first place in the girls’ high jump competition last year.

Maelle Jacques is not named in the lawsuit, but referred to as MJ. The Kearsarge School Board voted this summer to ignore the new law in order to allow Jacques to keep playing.

Maelle Jacques

During the August board meeting, “Mastin ruled Scaer out of order, declared the remainder of her three minutes forfeited, and stated that she would be removed by the police if she continued to speak. Mastin was visibly angry at Scaer,” the lawsuit states.

“School boards cannot invent speech rules on the fly to silence citizens expressing views they dislike,” said Institute for Free Speech Attorney Nathan Ristuccia, who is representing Scaer. “This unwritten rule about ‘derogatory’ comments gives the board unchecked power to determine which speech is acceptable and which isn’t—precisely what the First Amendment prohibits.”

Beth Scaer and her husband, Stephen “Sidewalk Steve” Scaer, came out to support the law that they say protects women and girls. They may have been the only ones in the room willing to speak out in favor of it, according to the lawsuit. 

All of the people who wanted to have their say during the public comment period were allotted three minutes, but warned “not [to] speak derogatorily about anyone or anything.” Jacques spoke, as did Stephen Scaer, who went into detail about “experimental gender medicine.”

Beth Scaer was the only speaker that night to get cut off before her three minutes were up. She started her prepared remarks about the potential physical dangers male athletes pose to females, noting that Jacques is much larger than the girls on the Kearsarge soccer team. When she used the phrase “tall boy” to describe Jacques’ physique, the hammer came down.

“Mastin interrupted and disallowed Scaer from saying anything further,” the lawsuit states.

Beth Scaer

Scaer was not told what law she broke or rule she violated during her short time speaking to justify getting threatened with police removal. It was later added to the board meeting minutes that the “tall boy” comment was the social sin. 

New Hampshire’s law banning biological males from girls’ sports has since been struck down by a federal judge using the controversial premise that males who identify as female are “girls” in the same way that biological girls are. That premise is likely to be reviewed by the U.S. Supreme Court.

Scaer says the lawsuit isn’t about her, it’s about protecting free speech.

“Everyone deserves an equal opportunity to address their elected officials without fear of censorship,” Scaer said. “This case is about ensuring that all citizens, regardless of their viewpoint, can participate in public meetings and comment on issues that are important to the community.”

The Bow soccer parents booted from a game by school district officials for wearing pink, XX wristbands to protest biological males playing in girls’ sports are appealing their case.

Lawyers for Kyle Fellers, Anthony Foote, Nicole Foote, and Eldon Rash filed a notice of appeal with the First Circuit Court of Appeals in Boston. Last month, United States District Court Judge Steven McAuliffe denied their request for an injunction against Bow’s SAU 67, ruling the school has the right to block protests if it finds their message “demeaning and harassing.”

“The message generally ascribed to the XX symbol, in a context such as that presented here, can reasonably be understood as directly assaulting those who identify as transgender women,” McAuliffe wrote in his April ruling. “Because gender identities are characteristics of personal identity that are ‘unalterable or otherwise deeply rooted,’ the demeaning of which ‘strikes a person at the core of his being,’ and because Bow school authorities reasonably interpreted the symbols used by plaintiffs, in context, as conveying a demeaning and harassing message, they properly interceded to protect students from injuries likely to be suffered.”

As a result, Bow schools are free to allow Pride flags and symbols while forbidding the XX wristbands.

Even before the parents could file their appeal, McAuliffe’s ruling got a double-take from U.S. Attorney General Pam Bondi.

“I have asked my Civil Rights Division to examine this matter,” Bondi posted on Twitter/X. “This DOJ stands with women and their supportive parents.”

Bondi’s tweet was in response to a post from women’s sports activist Riley Gaines, who was commenting on NHJournal’s coverage of the Bow High School case.

“A federal judge just ruled that two fathers can’t wear pink wristbands that say ‘XX’ to silently protest male inclusion in women’s sports,” Gaines tweeted, with a link to the NHJournal article. “The judge said the female chromosomes, XX, are a ‘demeaning and harassing assertion.’”

It’s not clear if Bondi has yet pursued the matter beyond her initial tweet. There’s been no confirmation of any official action being underway against either Bow school officials or McAuliffe.

Fellers and Anthony Foote were kicked out of a game in September for engaging in a silent protest by wearing pink XX wristbands. The district then banned both from all games and after-school activities as a result of their protest. McAuliffe initially overturned the school’s ban on their attendance, but left in place the district’s prohibition on any form of protest. 

The parents were protesting biological males playing during a game in which the Bow High School girls’ soccer team faced Plymouth High School’s team that featured transgender athlete Parker Tirrell. Tirrell garnered headlines for weeks before the game after successfully suing the state of New Hampshire over a law that bans biological boys from girls’ sports. Both Foote and Fellers claimed in court that they were not directing their protests at Tirrell.

The Bow School District was acting within its authority to kick two soccer dads out of a girls game for wearing pink “XX” wristbands as a silent protest against biological males playing on girls’ teams, a federal judge ruled Monday.

But one of the dads, Anthony Foote, told NHJournal he plans to keep fighting for what he sees as the rights of women and girls.

“What was our offense? Supporting girls’ sports and defending biological reality?” Foote said. “This ruling is a slap in the face to every parent who believes schools should be a place of fairness, not political indoctrination. The judge openly admitted that Pride flags are allowed because they promote ‘inclusion,’ but wristbands defending women’s sports are banned because they might ‘offend’ someone. That’s viewpoint discrimination, plain and simple — and it’s unconstitutional.”

United States District Court Judge Steven McAuliffe ruled against Foote, Kyle Fellers, Eldon Rash, and Nicole Foote in a 45-page order denying their preliminary injunction against SAU 67. The parents are being represented by the Institute for Free Speech, a legal nonprofit that promotes parents’ rights. Del Kolde, the senior attorney, said he is still considering his next steps in this case.

“We strongly disagree with the Court’s opinion issued today denying our request for a preliminary injunction. This was adult speech in a limited public forum, which enjoys greater First Amendment protection than student speech in the classroom. Bow School District officials were obviously discriminating based on viewpoint because they perceived the XX wristbands to be ‘trans-exclusionary.’ We are still evaluating our options for next steps,” Kolde said.

The crux of McAuliffe’s ruling is that while Fellers, Foote, and the others acted within their First Amendment rights to protest, venues like school athletic events are considered “limited public forums” and school officials acted within their legal authority to restrict what the parents said and did.

“The question then becomes whether the School District can manage its athletic events and its athletic fields and facilities — that is, its limited public forum — in a manner that protects its students from adult speech that can reasonably be seen to target a specific student participating in the event (as well as other similar gender-identifying students) by invited adult spectators, when that speech demeans, harasses, intimidates, and bullies. The answer is straightforward: Of course it can. Indeed, school authorities are obligated to do so,” McAuliffe wrote.

For days before the Sept. 10, 2024, game, Anthony Foote and Fellers made it known to school officials that they were unhappy Bow High School was going to play a game against a girls’ team with a biological male player, Parker Tirrell. 

Days before the game, Tirrell made national news with a court victory against the state of New Hampshire’s law barring biological males from girls’ sports.

The dads went on social media to discuss various protest ideas, according to the evidence in the case. McAuliffe wrote that it is reasonable, given the context of the game, for SAU 67 administrators to be concerned that the potential protests would be interpreted by Tirrell as bullying and harassing.

And as such, the judge ruled, the school had the right to limit the dads’ speech.

“The message generally ascribed to the XX symbol, in a context such as that presented here, can reasonably be understood as directly assaulting those who identify as transgender women,” McAuliffe wrote. “Because gender identities are characteristics of personal identity that are ‘unalterable or otherwise deeply rooted,’ the demeaning of which ‘strikes a person at the core of his being,’ and because Bow school authorities reasonably interpreted the symbols used by plaintiffs, in context, as conveying a demeaning and harassing message, they properly interceded to protect students from injuries likely to be suffered.”

Fellers and Foote have maintained they were not targeting or harassing any particular student with their wristbands. McAuliffe ruled that, even accepting their stated intent not to harass Tirrell, the broader context for the game made the SAU’s actions reasonable and justified.

“While plaintiffs may very well have never intended to communicate a demeaning or harassing message directed at Parker Tirrell or any other transgender students, the symbols and posters they displayed were fully capable of conveying such a message. And, that broader messaging is what the school authorities reasonably understood and appropriately tried to prevent,” McAuliffe said.

Critics of the judge’s ruling say that it is clearly viewpoint discrimination and the judge’s view that “gender identity” is “inalterable” isn’t based on biological fact or in law.

McAuliffe has yet to rule on the permanent injunction. Fellers, Foote, and the other parents are seeking to allow them to protest at school games and other events. 

With spring sports starting soon, the parents suing the Bow School District over their silent protest want a ruling before players hit the field.

On Wednesday, attorneys representing the parents filed a request for an expedited decision on their request for a preliminary injunction keeping the school district from banning future protests. And, their lawyers told the court, if a ruling is delayed so long it keeps these parents sidelined, they will consider that a denial of their request for relief and pursue an appeal.

Anthony Foote, Kyle Fellers, Nicole Foote, and Eldon Rash were forced to end a silent protest — the wearing of pink wristbands marked with “XX” on the sidelines of the high school soccer field — by angry school administrators last September. They were protesting the fact that their girls team was being forced to compete against a biological male. 

After Foote and Kyle Fellers were slapped with “no trespass” orders from the school, orders enforced by the local police, the parents filed a lawsuit against the Bow school district.

The parents are being represented in court by legal nonprofit organization the Institute for Free Speech.

The lawsuit was filed in September, and United States District Court Judge Stephen McAuliffe has already conducted two days of evidentiary hearings and been fully briefed by both sides in the lawsuit, attorneys for the parent’s said.

But the court has yet to act on their request for a preliminary injunction protecting their First Amendment right to bring their wristbands to games during the upcoming spring sports season. In their view, it’s literally a case of justice delayed being justice denied.

“Spring sports season is the last chance for Plaintiffs to silently express their sociopolitical views at a Bow event this school year, and—because one of Plaintiffs’ children is a high-school senior—the last chance to ever express their views at one child’s events,” the motion states.

“Parties completed their post-hearing briefing on Dec. 17. No decision on the injunction has yet been issued. The winter sports season has now ended, and the Bow schools’ spring sports season begins March 24, with games commencing April 14.”

Two biological males who have been playing on girls sports teams are currently suing in federal court to block a New Hampshire state law protecting girls sports. When President Donald Trump issued an executive order doing the same thing, they added the president to their lawsuit.

One of those players, Plymouth High School’s Parker Tirrell, was on the team Bow was competing against during the previous silent protest.

McAuliffe previously overturned the Bow School District ban against the parents attending games and after-school activities. But he has not yet lifted the ban on wristbands or other forms of silent protest.

As the calendar progresses toward the new sports season and the final season for at least one of the girls, Feller, Foote, and the others want a decision now.

“Plaintiffs have been prevented from silently protesting at Bow School District extracurricular events during both the fall and winter sports seasons. Everyday that passes magnifies Plaintiffs’ injury. Unless they receive injunctive relief from this Court, they will not be able to express their viewpoint during the spring sports season as well, including all of one daughter’s remaining games as a high-school student,” the motion states.

“If no ruling occurs by April 14, Plaintiffs will understand this Court to have constructively denied the injunction, and pursue interlocutory appeal of that denial.”

McAuliffe has acknowledged there is nothing bigoted in the parent’s beliefs that biological males who identify as female should not play full-contact sports with biological girls.

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

In fact, polls show a solid majority of Americans support protecting girls sports from biological males. But Bow Superintendent Marcy Kelly doesn’t agree, and she told the court that expressing that view is offensive speech that should be banned.

“XX is a pretty well-known anti-trans symbol,” Kelly said on the stand.

Other controversial symbols, such as the LGBTQ “rainbow flag,” would be welcome, however.

“It’s inclusionary, it’s not targeting or harassing anyone,” Kelly said.

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. 

Bow High School superintendent Marcy Kelly rejects the claim that she opposes freedom of expression at school events. She told a federal judge on Friday that flags and symbols are welcome — as long as she agrees with their message.

Specifically, Kelly told United States District Court Judge Steven McAuliffe that, while she stands by her decision to ban parents from wearing pink wristbands in support of girls-only sports, she would welcome the waving of Gay Pride flags and other symbols at the same events.

Soccer dads Kyle Fellers and Anthony Foote were slapped with “no trespass” orders by Kelly and the Bow School District after they wore the wristbands at the Sept. 17 girl’s Bow High School soccer game against Plymouth High School.

Kelly told the court she found the wristbands “exclusionary,” and therefore, she believes she has the authority to ban them from school events.

Kelly testified she knew from emails and social media posts that the men might wear the pink “XX” wristbands, and that was something she wanted to stop. “I had concerns (Foote and Fellers) were going to display an anti-trans message on that one day.”

Kelly admitted she initially considered banning all would-be spectators from the game. Instead, she settled on a plan to have police at the game and use school officials to patrol the sidelines looking for actions or symbols she found offensive.

“XX is a pretty well-known anti-trans symbol,” Kelly claimed.

(According to science, women have XX chromosomes and men have XY chromosomes.)

Del Kolde, an attorney with the nonprofit Institute for Free Speech who is representing the plaintiffs in the lawsuit against Kelly, asked Kelly if she would allow parents to wear LGBTQ+ Rainbow Pride wristbands at games.

No problem, Kelly said. “It’s inclusionary, it’s not targeting or harassing anyone,” she said.

And that, Kolde told NHJournal, is a legal smoking gun.

“The Bow School officials have basically admitted to engaging in viewpoint discrimination. That is illegal in a limited public forum, such as school sporting events. We hope that this censorship regime will soon be enjoined.”

United States District Court Judge Steven McAuliffe has already overturned Bow’s “no trespass” order that prevented Fellers and Foote from going to games and other afterschool events. Whether the dads can engage in silent protests at future games and events by wearing the XX wristbands is still up in the air.

Kelly said her belief that “XX” symbolism is anti-transgender bigotry is on based on her reaction to the work of Riley Gaines, the NCAA swimmer who was forced to compete against a biological male, Lia Thomas.

“I find that when (Gaines) says ‘XX means real women,’ that is exclusionary,” Kelly said.

Gaines has emerged as a national advocate for girls-only sports and private spaces. In August, Gaines came to New Hampshire to support a new law banning males from girls’ support in the 5th through 12th grades. She described “the experience of competing against a man in women’s sports, being forced without warning or consent to undress before the fully intact male.”

Support for protecting girls’ sports from biological males who want to compete has soared over the past few years. Polls in New Hampshire and at the national level show voters support banning males from girls’ sports by a three or four-to-one margin.

Also on Friday, New Hampshire Attorney General John Formella joined a group of 24 state attorneys general urging the U.S. Supreme Court to overturn a lower court ruling and uphold an Arizona law prohibiting biological boys from competing on girls’ sports teams.

“Basing the distinction on biology rather than gender identity makes sense because it is the differences in biology—not gender identity—that call for separate teams in the first place: Whatever their gender identity, biological males are, on average, stronger and faster than biological females,” the brief reads in part.

New Hampshire passed a similar law over the unanimous opposition of Democrats in the state House and Senate.

Last week’s hearings in the Bow case will inform McAuliffe’s decision on possibly lifting the ban on silent protests. A trial on the merits of the lawsuit is still to come. 

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.

The ‘Soccer Dad’ season is over for Marc Jacques.

The father of a male Kearsarge High School athlete who’s a star in girls competitions, Jacques has agreed to start his prison sentence on a federal conviction for distributing child sex abuse images.

Marc Jacques was sentenced to five years in prison back in September. But using concerns over his child’s challenges as a male who identifies as female, he was given until December to turn himself in. Part of the reason was to let him attend his child Maelle Jacques’ girls soccer games.

When parents learned a man convicted of child porn charges was attending their daughters’ soccer matches, they immediately expressed alarm. They were even more upset when the elder Jacques was busted last month for allegedly accessing more child sex abuse images online while he was on supervised, pre-incarceration release.

Last week, Marc Jacques waived his violation hearing and agreed to begin his five-year prison term.

Maelle Jacques, a biological boy, dominated the girls track competition earlier this year. Maelle Jacques’ participation on the Kearsarge girl’s soccer team caused several teams to forfeit games as the district openly flouts a state law banning biological boys from girl’s sports.

Initially, girls on opposing teams and their families were concerned about the competitive imbalance presented by Maelle Jacques playing goalie, but they were later outraged to learn that Marc Jacques was attending the games despite his status as a convicted sex offender.

Marc Jacques used his child’s sexual identity to successfully plead for more free time before his prison sentence, telling United States District Court Judge Paul Barbadoro that Maelle Jacques needed him at the games.

“Maelle is going to 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.

Kearsarge officials knew about the conviction and sentence, but they allowed Marc Jacques onto school property to attend games anyway. They also said nothing to opposing teams when Kearsarge went on the road, either. Superintendent John Fortney said in a letter to parents there was no legal way for the district to stop Marc Jacques from attending the games.

“Because these events are open to the public, the district may restrict access only in the case of a prior civil no trespass order, or active court order. In general terms, we cannot selectively determine who may or may not attend any event,” Fortney stated. 

Whether or not the opposing school administrators had advance knowledge of Marc Jacques’ conviction, none of them seemed able or willing to put a stop to his presence.

Hopkinton school officials only found out about Marc Jacques’ conviction when Hillsboro-Deering mother Betsy Harington alerted them hours before Kearsarge and Marc Jacques were set to be in Hopkinton last month.

While Hopkinton did contact police to be present at that game, no steps appear to have been taken to either block Marc Jacques from the game, or alert Hopkinton parents. 

Officials at Bishop Brady High School in Concord were aware of Marc Jacques and his conviction before their game last month with Kearsarge. But Bishop Brady girls and their parents were advised by the Roman Catholic Diocese not to boycott the game. In fact, the girls and their families were told to play against Kearsarge so as not to discriminate against Maelle Jacques.