SALT LAKE CITY — A judge is considering whether to find the Utah High School Activities Association in contempt of court for abiding by an executive order issued by President Donald Trump in contradiction of an injunction issued over transgender student athletes in Utah.
The UHSAA, which oversees high school sports for public schools in the state, is under an injunction issued by 3rd District Court Judge Keith Kelly in a 2022 lawsuit filed over Utah's ban on transgender athletes participating in school sports consistent with their gender identity. The injunction blocks the ban from being enforced. But earlier this year, Trump issued an executive order banning transgender girls from playing school sports matching their identity.
"We’re in the middle of a rapidly evolving situation it’s something that perhaps no one saw coming in 2022," Judge Kelly told lawyers on Wednesday. "But there is an executive order in place and I need to understand and apply the law."
Murray students take page from history class to stage protest over flag law:
Lawyers for a student athlete, who is a part of the lawsuit against the UHSAA and the Jordan and Granite school districts, asked the judge on Wednesday for sanctions against them. The Utah Attorney General's Office, representing the UHSAA and the districts, argued that the President's executive order effectively has the force of federal law — something the plaintiffs dispute.
"UHSAA argues that contempt is not warranted because the president’s executive order supposedly justifies these actions. I want to be clear that Utah law and federal law are very clear that a party cannot challenge a court’s order by violating it," said Amy Whelan, an attorney for the plaintiffs.
Whelan floated the idea of financial penalties and even raised the potential of jail for any contempt finding. The Utah Attorney General's Office countered that they are not violating any injunction, but also had little time to evaluate Trump's executive order or lose federal funding.
"They’ve been caught in the middle from the get-go. They were caught in the middle when HB11 passed, they were caught in the middle when the executive order came down," said assistant Utah Attorney General Keith Barlow. "It’s not fair to punish the association for making what’s an impossible choice."
Judge Kelly acknowledged it is a tricky situation as he navigates whether the high school athletics association violated the injunction in the face of a presidential executive order. He issued no ruling on Wednesday, but agreed to take supplemental briefings over the next month before rendering a decision.
The judge scheduled another hearing to consider the state of Utah's arguments on a motion to dismiss the lawsuit entirely. The Trump executive order will also factor heavily into that decision.
