AUSTIN, Texas, May 1, 2017 (LifeSiteNews) – A Travis County judge upheld a rule that requires a girl taking hormones to “transition” genders to a boy must compete in girls’ wrestling.
A lawsuit was dismissed last Tuesday asking the University Interscholastic League (UIL) not to allow 17-year-old Mack Beggs to compete with girls, the Dallas Morning News reported.
Beggs, a junior at Trinity High School in Euless, won a state wrestling title in February amid protests the competition was unfair due to her drug-induced physical advantages. She has been taking the male hormone testosterone since October 2015 for the purpose of “transitioning” to the male gender.
Beggs wanted to compete with the boys but could not because the UIL does not permit biological females to wrestle with boys.
In February 2016, Texas school superintendents voted by a 95 percent majority to add an amendment establishing that student athletes’ gender would be determined by their birth certificate or other similar government documents when a birth certificate is unavailable.
The UIL also typically prohibits athletes from taking testosterone but made an exception for Beggs. Texas education code has a “safe harbor” provision that allows a student to use steroids if they are “dispensed, prescribed, delivered and administered by a medical practitioner for a valid medical purpose.”
Beggs' grandmother and guardian Nancy Beggs had said in February that her granddaughter’s medical records were forwarded to the UIL before the 2015-16 season and again before this past season, and the girl was approved to compete.
The lawsuit was filed in February by the parents of a girl wrestler at a competing Texas school, seeking Beggs’ suspension by the UIL because she is using steroids. It claimed that allowing her to compete while on steroids would expose other female athletes to ‘imminent threat of bodily harm.”
Attorney Jim Baudhuin had argued the UIL was not following its rules pertaining to steroid use. He also argued the UIL had failed to prove Beggs fell under the “safe harbor” provision defined in the state's education code.
In explaining the dismissal, the judge had said Baudhuin's case was more a question of what the UIL did with its discretionary powers rather not following the law or its constitution. The UIL had contended that the safe haven law was subject to change in the near future.
But also on Tuesday the state’s Senate Education Committee left pending the law that could have changed the safe harbor provision, reducing the chances of a change. With the bill pending, the UIL’s steroid policy remains in place at least until the UIL legislative council convenes in June.
Baudhuin said he would talk with an appellate attorney but was unsure whether they would choose to appeal.