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United States District Court Judge Landya McCafferty ruled again Tuesday to prevent New Hampshire from enforcing its law keeping biological males from participating in girls sports.

The judge extended a temporary order allowing 15-year-old Parker Tirrell to play on the Plymouth High School girls soccer team. Tirrell and 14-year-old Iris Turmelle have filed a lawsuit challenging the state’s new Fairness in Women’s Sports Act.

When Gov. Chris Sununu signed the law last month, he made New Hampshire the 26th state to pass laws protecting girls sports from male athletes.

New Hampshire Attorney General John Formella and his office are defending the law, both in New Hampshire and at the national level. His attorneys are in court before Judge McCafferty, and he’s joined 25 other state attorneys general urging the U.S. Supreme Court to take up the issue.

“We remain committed to vigorously defending this new law and will determine next steps once the Court issues its order,” Formella said.

In New Hampshire, both sides have requested a bench trial, rather than a jury trial. McCafferty signaled during Tuesday’s hearing she will likely rule in favor of Tirrell and Turmelle, saying she believes the New Hampshire law violates Title IX, the law that protects women’s sports, and Title XII, the law against employment discrimination. 

If McCafferty does strike down the law, the decision to pursue an appeal will almost certainly be made by New Hampshire’s next governor. And if it is a Democrat, it’s all but certain the law will be allowed to die and girls will be competing against biological males once again.

Neither former Manchester Mayor Joyce Craig nor Executive Councilor Cinde Warmington would respond to questions about this case from NHJournal. However, they’ve both made it clear they oppose the new law.

“These bills are an attack on at-risk trans kids across New Hampshire. Our state needs leadership focused on delivering results, not division. As governor, I will always stand up for the right of our residents to live authentically, without demonization,” Craig said.

Executive Councilor Cinde Warmington, who is challenging Craig in the Democratic primary, linked banning boys from girls sports teams to violent hate crimes when the law was signed this summer.

“We’ve seen a rise in hate crimes against our LGBTQ+ community, in part because radical Republicans have villainized trans kids who’re already vulnerable & at a higher risk of suicide. When I’m governor, everyone will be free to love who they love & be who they are,” Warmington said on social media.

The two GOP candidates for governor have a very different view.

Chuck Morse, running against Kelly Ayotte in the GOP primary, says he’d fight for an appeal if elected.

“As governor, I would absolutely pursue an appeal if the court finds against the state. It is a question of fairness and protecting the rights of women to play sports on a level playing field. To me it is simple: boys should play against boys and girls should play against girls,” Morse said.

Ayotte agrees.

“As the only candidate for governor who has actually argued before the Supreme Court, I will do whatever it takes to defend our state. As the proud mom of a three-sport state champion female athlete, I believe protecting women’s sports is a matter of fairness. Women fought for decades to achieve that fairness through Title IX. When I am governor, New Hampshire’s female athletes will have a champion in the Corner Office,” Ayotte said.

Polls show Granite Staters overwhelmingly support allowing girls to compete in girls-only sports, rather than forcing them to compete against biological males who identify as female. It’s not just theory, either. A biological male took 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.

At the global level, the top two boxers in women’s Olympic boxing both had male chromosomes.

Lawyers for Tirrell and Turmelle want to block the law from taking effect throughout the state, arguing that stopping transgender girls from playing girls sports is discriminatory.

“This law was designed to prevent trans girls from playing sports with other girls … The only difference is their sex assigned at birth. Girls not assigned female at birth are being excluded,” said Chris Erchull, an attorney with GLAD, the GLBTQ Legal Advocates and Defenders organization which is representing Tirrell and Turmelle.

Assistant Attorney General Micheal DeGrandis argued legal precedent allows public institutions, like schools, to make distinctions between boys and girls. The New Hampshire law makes that distinction in an objective, equitable manner by requiring every student to play on sports teams that correspond to their biological sex at birth.

“We’re not trying to define ‘sex’ at all, we’re just saying ‘What does it say on your birth certificate,’” DeGrandis explained.

While the law might mean students like Tirrell and Turmelle are required to play coed sports instead, that does not make the law unconstitutional. The law was crafted as a way to protect competitive fairness in girls sports, and to keep biological girls safe from possible injury, DeGrandis said.

“There was no discriminatory intent or animus. This was an attempt to solve legitimate problems, even if people disagree with the best way to do it,” DeGrandis said.

The appropriate remedy for those opposed to the law should not be in court, DeGrandis said, but in the democratic political process, who noted there is an election happening in a few months.

“The Court should not be making decisions for the legislature,”  he said.

McCafferty extended the temporary restraining order that allows Tirrell to practice and play soccer with the girls team for another two weeks. McCafferty could rule on an injunction the teens are seeking against the law during that time. That injunction would likely be in place through any trial.

Kearsarge Regional High School sophomore Maelle Jacques, a biological male, took first place in the girls high jump competition on Sunday, beating every female in the New Hampshire Interscholastic Athletic Association (NHIAA) indoor track and field championship.

As expected, Jacques dominated and finished with a 5’1” mark, an inch better than any other athlete in the girls Division II competition. In the boys Division II, the lowest high jump was 5’8”, and the winning jumpers hit 6’2”.

The NHIAA did not respond to NHJournal’s request for comment last week. The non-profit group that oversees high school sports allows athletes to compete in whatever gender division they choose.

Jacques’ participation on the girls team, as well as Jacques’ string of wins over the last two indoor track seasons, have garnered national attention. Outspoken supporter of women’s athletics and 12-time All-American swimmer Riley Gaines blamed Kearsarge parents for allowing their child to take wins away from female athletes.

“How could the parents of this boy allow their son to cheat deserving women out of opportunities? And why don’t the parents of the girls stand up and say ‘no’ for their daughters?” Gaines posted on social media. “This country is full of failing, gutless mothers and fathers.”

Meanwhile, Democrats in the New Hampshire legislature continue to oppose legislation that would protect girls sports from male athletes. Rep. Tim Horrigan (D-Dover) dismissed concerns about Jacques’ domination of the girls high jump, calling it an “obscure competition.”

When state Rep. Timothy Horrigan (D-Durham) dismissed high school girl’s track as an “obscure competition,” some Granite State women were ready to run him off the field.

“Rep. Tim Horrigan’s statements belittling women’s sports should be a rallying cry to all women to stand up to the crazy out-of-touch liberal Democrats who do not appreciate or celebrate the uniqueness of women,” said Kate Day, former Chair of the Cheshire County Republican Committee. “There is a biological reason we have women’s sports. Horrigan certainly dismisses any concern for women’s safety and the spirit of competition between women.”

Horrigan made his comments while testifying against SB 524, which would prohibit biological men from competing in women’s sports. During his testimony, Horrigan referred to women and girls as “so-called ‘biological females.’” He also referenced the case of Kearsarge Regional High School sophomore Maelle Jacques, a biological male who is on the girl’s track team. Jacques has dominated the high jump the last two seasons, competing against high school girls, and is expected to win big at an NHIAA meet this Sunday.

“We don’t even know if she’s actually trans,” Horrigan said of Jacques, “but if she is, that’s certainly a very unfair thing [to keep her from competing]. A lot of these cases, they are pretty obscure competitions that normally sports fans wouldn’t be paying much attention to.”

After NHJournal reported Horrigan’s comments, several women reached out to lambast the liberal legislator’s apparent misogyny. 

“So, if it’s such a small percentage of the population, we shouldn’t care about and ignore their needs?” asked Pamela Tucker, former state GOP vice chair.

“Rep. Tim Horrigan’s statement sends the message that we shouldn’t care about our young females in certain sports. You can’t minimize a sport to fit your agenda,” said Nashua mom Kimberly Allan.

“As a mom, I have concerns about men participating in women’s sports. It is important to ensure fairness and a level playing field for all athletes. Men generally have physical advantages such as greater strength and size, which can create an unfair advantage in certain sports. Allowing men to compete in women’s sports could potentially hinder the opportunities and achievements of female athletes who have worked hard to excel in their respective fields.

“It’s crucial to prioritize the protection and advancement of women’s sports, providing female athletes with the recognition and opportunities they deserve.”

Asked about his comments, Horrigan gave NHJournal a “no comment.” However, he then turned to social media to show his solidarity with female athletes.

“Don’t believe anyone who doubts my support of women’s sports. I am at yet another UNH women’s basketball game,” Horrigan wrote.

State House Democrats overwhelmingly oppose measures to protect women’s sports from biological males who choose to compete as females, and they plan to fight SB 524. However, polls show Americans overwhelmingly oppose allowing biological men to compete in women’s sports, and that opposition is growing.

State GOP chair Chris Ager said women are tired of getting erased by progressive Democrats who dismiss them and their concerns.

“The NHGOP is disappointed that Rep. Horrigan has such low regard for women’s sports achievements. Republican women are speaking out,” Ager said.

If other Democrats were upset with Horrigan, they were keeping it to themselves. House Minority Leader Rep. Matt Wilhelm (D-Manchester) did not respond to a request for comment.

Unfortunately for Democrats, Horrigan has a history of making denigrating statements about women. In 2010, Horrigan was forced to apologize after he joked on Facebook about former Alaska Gov. Sarah Palin getting killed in a plane crash.

“I don’t wish Sarah Palin dead … but not merely for compassionate reasons. I also want her to live because a living Sarah Palin is less dangerous than a dead one. “A dead Palin is more dangerous than a live one,” he wrote.

Horrigan apologized to House leadership the following day and later announced the end of his reelection campaign.

“She is, as far as I know, not a bad person at all—and certainly she deserves to live a long and happy life,” Horrigan wrote to then-House Speaker Terie Norelli (D-Portsmouth.)

Horrigan then reneged on his resignation and was promptly re-elected in his deep-blue district.

A biologically male athlete is expected to win big at the NHIAA indoor track championship this weekend while competing against girls. And there is currently nothing anyone can do about it. 

Not that Granite State Democrats want to. They’re opposing legislation to protect female athletes from male competitors. And one House Democrat dismissed concerns about the track meet as unimportant because it involves an “obscure competition.”

Kearsarge Regional High School sophomore Maelle Jacques, who competes on the Kearsarge girl’s team, has already racked up numerous first place wins competing against female athletes at other Division II schools over the past two seasons.

This season, Jacques dominated in the high jump competition and is the only athlete in the state competing in the girl’s division to break five feet. Competition among high school boys in New Hampshire has seen more than a dozen athletes break the five-foot mark this season.

Kearsarge Superintendent Winfried Feneberg released a statement declaring Jacques has the right to compete in any sport and as a member of any gender.

“Each student-athlete has the right to compete in the activity of their choice,” Feneberg said. “We believe that limiting access to any activity violates our core mission and vision, which are grounded in supporting every student and student-athlete’s right to pursue their goals and interests,”

Outspoken supporter of women’s athletics and 12-time All-American swimmer Riley Gaines responded to the Maelle Jacques story by calling out the athlete’s parents.

“How could the parents of this boy allow their son to cheat deserving women out of opportunities? And why don’t the parents of the girls stand up and say ‘no’ for their daughters?” Gaines posted on social media. “This country is full of failing, gutless mothers and fathers.”

The championship scheduled for Saturday at Plymouth State University is being held under the aegis of the New Hampshire Interscholastic Athletic Association. While NHIAA Executive Director Jeffrey Collins did not respond to requests for comment, the organization is fully supportive of allowing athletes to choose their gender for the purposes of competition.

“The NHIAA is committed to providing transgender student-athletes with equal opportunities to participate in NHIAA athletic programs consistent with their gender identity,” the NHII eligibility policy states. “The NHIAA has concluded that it would be fundamentally unjust and contrary to applicable state and federal law to preclude a student from participation on a gender-specific sports team that is consistent with the public gender identity of that student for all other purposes.”

Parents could change this if they started getting involved at the local school board level, said Shannon McGinley, executive director of Cornerstone Action.

“If school boards feared their constituents more than they feared (law firm) Drummond Woodsum and leftist superintendents, in a matter of months, we could have half the school districts in the state organized into an alternative NHIAA,” McGinley said. “The solution is for parents to stop accepting cowardly excuses from school board members who ran as conservative.”

Sen. Tim Lang (R-Sanbornton) is sponsoring SB 524 to address what he sees as the basic unfairness of male athletes forcing their way into sports for girls and women. Lang’s bill requires high school and college athletes to compete in the division that matches their biological sex at birth. 

“I’m a father of four kids, two of whom are girls, and I would not want my daughters bumped from a sports team because a biological male, who had a physiological advantage, chose to play on that sports team,” Lang said.

Biologically male athletes have inherent and obvious physical advantages against women and girls, he said. Medical science shows men have high bone density, more muscle mass, and even process oxygen differently than women, Lang said.

Rep. Timothy Horrigan (D-Dover) testified against SB 524 on Tuesday, arguing that “so-called ‘biological females’” did not need protection from males in their sports.

“We’re especially worried about cis women or cis girls, but this also prevents trans men from competing,” Horrigan said.

And Horrigan dismissed the case of Maelle Jacques because it involves an “obscure competition.”

“We don’t even know if she’s actually trans,” Horrigan said of Jacques, “but if she is, that’s certainly a very unfair thing [to keep her from competing]. A lot of these cases, they are pretty obscure competitions that normally sports fans wouldn’t be paying much attention to.”

Lang says his bill is not an attempt to create culture war headlines over people who suffer from gender dysphoria. He simply wants to protect women’s sports and preserve the mission of Title IX.

“This isn’t about gender; this is about biological sex,” Lang said.