Student athletes sue California school for comparing 'Save Girls' Sports' shirt to a swastika.
Two high school students and their families sued their high school and school district alleging violations of their First and Fourteenth Amendment rights as well as Title IX protection.
EXCLUSIVE: Taylor Starling, a high school cross-country runner at Martin Luther King High School in Riverside, California, lost her spot on the varsity team earlier this season to a transgender transfer student.
Multiple parents of students at Martin Luther King have told Fox News Digital that the school has allowed the trans athlete to compete on the varsity cross-country team despite missing practices for academic reasons. These parents include Starling's father, longtime firefighter Ryan Starling, and construction subcontractor Dan Slavin, father to Kaitlyn, another runner on the team.
"The fact that the male athlete was able to compete while attending less than 25% of the practices is not fair. In what era, on what team, in what sport can you barely show up to practice and still compete?" Dan Slavin told Fox News Digital. "It is not fair, and it is not right to those who work hard every day for the entire season."
Both families are currently engaged in a lawsuit against the Riverside Unified School District (RUSD).
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Ryan Starling told Fox News Digital that the loss of his daughter's varsity spot disrupted his entire family emotionally, as cross-country played a pivotal role in her life. And then when his daughter and other girls on the team confronted their school administrators about it, he claims they were told "transgenders have more rights than cisgenders."
"It's been told multiple times to not just Taylor, but her sister," Ryan Starling said, adding that Taylor is one of three triplets, and all three are active on varsity sports teams. "All the administrators at Martin Luther King have stated this comment, and the Title IX coordinator for the Riverside Unified School District has stated ‘that as a Cisgender girl, they do not have the same rights as a transgender girl' to multiple girls, not just our daughters, but multiple girls on campus."
An RUSD spokesperson declined to give official comment on Ryan Starling's claims in a conversation with Fox News Digital.
The RUSD previously provided a statement to Fox News Digital insisting that its handling of the situation has been in accordance with California state law.
"While these rules were not created by RUSD, the District is committed to complying with the law and CIF regulations. California state law prohibits discrimination of students based on gender, gender identity and gender expression, and specifically prohibits discrimination on the basis of gender in physical education and athletics. The protections we provide to all students are not only aligned with the law but also with our core values which include equity and well-being," the statement said.
In California, a law called AB 1266 has been in effect since 2014, giving California students at scholastic and collegiate levels the right to "participate in sex-segregated school programs and activities, including athletic teams and competitions, and use facilities consistent with his or her gender identity, irrespective of the gender listed on the pupil’s records."
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California Code of Regulations section 4910(k) defines gender as: "A person’s actual sex or perceived sex and includes a person’s perceived identity, appearance or behavior, whether or not that identity, appearance, or behavior is different from that traditionally associated with a person’s sex at birth."
California Interscholastic Federation (CIF) Bylaw 300.D. mirrors the Education Code, stating: "All students should have the opportunity to participate in CIF activities in a manner that is consistent with their gender identity, irrespective of the gender listed on a student’s records."
The RUSD also placed blame for its handling of the situation on officials in Washington, D.C., and California's state capital, Sacramento.
"As these matters play out in our courts and the media, opposition and protests should be directed at those in a position to affect those laws and policies (including officials in Washington D.C. and Sacramento)," their statement read.
But Starling, Slavin, other students and their families have been ready to do far more than simply send a letter to their local legislators.
Taylor and Kaitlyn ignited a viral trend in their communities when they showed to school in November wearing shirts that read "Save Girls Sports." Martin Luther King administrators allegedly confronted the girls about the shirts, comparing them to swastikas, according to their lawsuit against the district.
Then, more and more students began to show up each week wearing the shirts, as the school had to alter its dress code and start placing students in detention for wearing them. This didn't stop the shirts from spreading and growing. It became a weekly ritual for hundreds of students every Wednesday to show up wearing the shirts support of the girls and their messaging, and many of them created viral social media posts on it.
In early December, the school administrators gave up on their efforts to discipline students for wearing the shirts. Sources told Fox News Digital that more than 400 students have shown up wearing the shirts at a time, and students at other schools in the district have started to wear them to class.
While this was happening, Taylor was also taking steps to reclaim her varsity spot, according to her father. Ryan Starling says it was a "transformative" experience and motivated her both athletically and academically. She has since earned her spot back on the varsity team, and her father says she even beat the trans athlete in a recent competition by more than three seconds.
"She has had so much support from her friends, where her friends were wearing all the t-shirts," he said.
The Starling family haven't received only positive attention, as Ryan Starling says there have been multiple concerning negative messages and even a threat. The family had to delay their recent family vacation to accommodate Taylor's safety for a trip to the state competition, as her parents didn't feel comfortable allowing her to travel alone.
"There was some negative stuff online, there was some threats of violence towards our girls, there was different stuff, and we just didn't feel comfortable leaving Taylor for a day and a half and having her fly out a day later so she could run at state, so we chose to stay all together as a family and support Taylor, and then we delayed our vacation to the first of the year," Ryan Starling said.
The situation came to a potential turning point during a five-hour RUSD school board meeting on Dec. 19. Outside the office, there were competing protests between activists and parents wearing the "Save Girls Sports" t-shirts, and LGBTQ activists.
Sources have told Fox News Digital that the LGBTQ activists at the event were harassing the protesters on the other side, and even disrupted a women's prayer group during a prayer circle prior to the meeting.
Then inside the meeting, parents and opposing activists gave impassioned speeches on their thoughts on the situation, with multiple speakers yelling in hysterical tones. But Ryan Starling, who stayed for the whole meeting, got a glimmer of hope toward the end of the meeting. He says that after it was over, a newly-inducted board member spoke to the girls who were there to protest the trans athlete, and that the new board member suggested that their problem would be solved once President-elect Trump takes office on Jan. 20.
"Don't worry girls, we have your back, wait till January 20th," the new board member said, according to Ryan Starling.
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Transgender athlete supporters hold up signs as an overflow crowd converges outside the Riverside Unified School District meeting Thursday night to debate the rights of transgender athletes to compete in high school sports, Thursday, Dec. 19, 2024. (Allen J. Schaben / Los Angeles Times via Getty Images)
Trump has pledged to ban trans athletes from women's and girls' sports, and the new Republican-controlled congress has indicated an intention to do so as well.
The House rules package for the 119th Congress was posted this week, and the first step in its order of business is a bill that would bring about Title IX revisions that would only allow athletes to compete in the gender category that they were assigned at birth.
However, California and Governor Gavin Newsom have vowed to resist the incoming Trump administration.
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