Wisconsin Democrats back transgender athlete in key court case

More than 130 Democratic members of Congress, including three from Wisconsin, have signed an amicus brief urging the U.S. Supreme Court to reject state categorical bans on transgender students competing in girls’ sports, as allegations of sexual harassment emerge involving one of the cases’ transgender students.

Wisconsin lawmakers signing onto the brief are U.S. Rep. Gwen Moore (D-Wisconsin-04), U.S. Rep. Mark Pocan (D-Wisconsin-02), and U.S. Sen. Tammy Baldwin (D-Wisconsin). The federal lawmakers filed the brief in connection with Little v. Hecox and West Virginia v. B.P.J., lawsuits that challenge state laws barring biological males who identify as female from participating in girls’ and women’s sports.

The Supreme Court is scheduled to hear arguments on the cases on January 13.

This past week, allegations of sexual harassment involving a transgender middle school athlete and plaintiff in the West Virginia case have drawn national attention and sharpened debate over how Title IX should be applied in school athletics. 

Those allegations were first reported by Fox News Digital and are now being cited by opponents of transgender participation in girls’ sports as evidence that current policies can undermine the privacy and safety of female students. Fox reached out to some lawmakers signing onto the brief for comment, but had not heard back by the time of this writing.

Specifically, Fox News Digital reported that two West Virginia female students and their families have alleged harassment and intimidation linked to the transgender athlete who is a plaintiff in the Supreme Court case.

One of those students, Adaleia Cross, a former track and field athlete at Bridgeport Middle School, has alleged that the transgender athlete made sexually explicit comments toward her and other girls in the locker room during the 2022–23 school year.

Cross said she later quit her high school track and field team to avoid sharing locker room facilities with the athlete once both students reached high school, according to Fox News Digital.

Cross’s mother told Fox that the family reported the incidents to school officials.

ACLU denies allegations, cites investigation

In a statement, the American Civil Liberties Union, which is representing the transgender student, who is not named because he is a minor, denied the harassment allegations and said the school district investigated the claims.

“Our client and her mother deny these allegations and the school district investigated the allegations reported to the school by A.C. and found them to be unsubstantiated,” the ACLU said. “We remain committed to defending the rights of all students under Title IX, including the right to a safe and inclusive learning environment free from harassment and discrimination.”

Fox News Digital reported that it made repeated requests to the ACLU and the Harrison County School District seeking documentation related to the investigation and clarification about its findings, but received no responses.

Attorneys from Alliance Defending Freedom (ADF), representing the Cross family, disputed the ACLU’s characterization of the allegations and the school’s response.

“Our client has sworn under oath and under penalty of perjury in numerous cases about the events that took place between her and the male athlete,” ADF said in a statement provided to Fox News Digital. “As a result of the situation, [Cross] had to step away from the sport she loved entirely and sacrifice a key element of her school experience to protect herself.”

ADF is also representing the state of West Virginia in its defense of the state’s sports law before the Supreme Court.

Fox News Digital also reported allegations from another West Virginia student, Emmy Salerno, who said she experienced intimidation after refusing to compete against the transgender athlete during a middle school track meet in April 2024.

Salerno told Fox News Digital that she and several teammates declined to participate in a shot put event and were subsequently disqualified from the following meet. She said she later experienced intimidating behavior, including being stared at in public settings and being targeted on social media.

The ACLU did not respond to Fox News Digital’s request for comment regarding Salerno’s allegations, according to the outlet.

Democrats’ brief: Bans are discriminatory

In their filing, Baldwin, Moore, Pocan, and other Democratic lawmakers argue that categorical bans on transgender participation in sports violate Title IX and the Equal Protection Clause, imposing harm on transgender students but failing to advance fairness in athletics.

“Categorical bans preventing transgender students from participating on sports teams consistent with their gender identity impose significant harm on all children — especially girls,” the brief states. “On top of that, such categorical bans do not meet the standards this Court has put in place to assess discrimination based on sex …”

The lawmakers also argue that blanket prohibitions are too broad, applying equally to kindergarten teams and college athletics without consideration of age, sport, or level of competition.

“Everyone wants sports to be fair, but categorical bans are not tailored to achieve that end,” the brief states. “In fact, they promote unfairness by precluding students from obtaining the benefits of youth sports on the basis of sex. Nor is there sufficient tailoring: these categorical bans do not distinguish between the age of participants, the sport being regulated, or the level of competition. Some ban children as young as kindergarteners from participating on school sports teams with their friends.”

The brief also cites longstanding disparities in girls’ sports participation and scholarship funding, arguing that excluding transgender athletes does nothing to address those gaps but would legalize discrimination.

Congressional arguments against one bill to enact a national categorical ban show how harmful such legislation can be, the brief states.

“The bill would all but eliminate the opportunity for transgender students — who already face discrimination, some of it legalized — to experience the joy and character-building attendant in youth sports,” the brief states. “Members emphasized the importance for all children — trans and cisgender alike — to have the chance to be part of a team, to learn the lessons of sportsmanship, and to push themselves to reach their fullest potential.”

Richard Moore is the author of “Dark State” and may be reached at richardd3d.substack.com.