A federal judge refused to suspend a male-born athlete from competing in girls’ sports in Pennsylvania, rejecting a request from a teenage girl who placed second to the transgender student at a cross-country meet.
U.S. District Judge Wendy Beetlestone, an Obama appointee, denied Tuesday a request for a temporary restraining order that would have barred 18-year-old Luce Allen, a senior at Plymouth Whitemarsh High School, from participating in girls’ sports pending the outcome of a lawsuit.
The complaint filed Jan. 20 by Holly Magalengo on behalf of her daughter, identified as “A.M.,” a student at Quakertown Community High School who came in second to Allen during a Sept. 11 meet.
At one point, the girl told Allen, “You are not a girl. You should not be racing against girls,” prompting the Plymouth Whitemarsh cross-country coaching staff to complain to the Quakertown staff, the lawsuit said.
The motion was filed against the Colonial School District; the Quakertown Community School District; and the Pennsylvania Interscholastic Athletic Association. The judge agreed Tuesday to dismiss the Department of Education as a plaintiff.
In its brief, the school district argued that A.M. failed to prove “irreparable harm,” saying there are “no allegations that A.M. lost a scholarship, may qualify for a scholarship but for the participation of L.A., or any real or immediate harm.”
“On the other hand, granting Plaintiff’s Motion will likely result in significant harm to students participating in athletics in accordance with their gender identity, including L.A.,” said the district in its response filed in U.S. District Court for the Eastern District of Pennsylvania.
President Trump issued a Feb. 5 executive order barring schools that receive federal funding from allowing biological males to compete in girls’ and women’s sports, but Plymouth Whitemarsh has continued to permit Allen to race in the girls’ field.
Last weekend, Allen represented Plymouth Whitemarsh at the Pennsylvania Track and Field Coaches Association Indoor State Championship, placing 17th in a field of 20 in the girls’ 200-meter dash.
Plymouth-Whitemarsh High School sent five male athletes to yesterday’s State Track & Field Championships.
Among them, Sean “Luce” Allen— the only individual male qualifier— stole a spot in the GIRLS’ 200m sprint, racing among the top 20 female athletes in Pennsylvania.… pic.twitter.com/mu1kKP3mLn
— ICONS (@icons_women) March 3, 2025
Plymouth Whitemarsh Principal Jason Bacani said the district does not discuss pending litigation, but that it continues to comply with federal and state law banning discrimination based on gender identity.
“Since 2019, the district has followed our School Board policy for gender expansive and transgender students,” said Mr. Bacani in an email. “We continue to comply with federal and state law prohibitions on sex discrimination, including the Pennsylvania Human Relations Act, which prohibits discrimination based on sexual orientation, gender identity, and sex characteristics. The district actively works to cultivate a culture of belonging for all students.”
The PIAA updated its 2019 transgender-eligibility policy last month in response to the president’s order by replacing “gender” with “sex,” but the decision on determining a student’s sex was left to the school. The previous policy put the principal in charge of deciding a student’s “gender.”
“Where a student’s sex is questioned or uncertain, the decision of the school as to the student’s sex will be accepted by PIAA,” said the revised policy. “In accordance with the Presidential Executive Order 14201 entitled ’Keeping Men Out of Women’s Sports’, dated February 5, 2025, schools are required to consult with their school solicitors relative to compliance with the Order.”
At least one Pennsylvania school district, the School District of Philadelphia, has said it will continue to permit students to compete based on gender identity in defiance of Mr. Trump’s executive order.
The Independent Council on Women’s Sports, or ICONS, said after Sunday’s meet that “allowing a male athlete to take a deserving girl’s spot in any race sends a clear message to every girl in that arena — you don’t matter.”
“Legislators, PIAA board members, principals, and athletic directors ignoring the President’s executive order are not only failing girls but also risking millions in federal education funding if the administration follows through on its promise to defund states that defy Title IX,” said the ICONS statement.
