Luc Esquivel. (Photo by Shawn Poynter/ACLU)
Luc Esquivel, a 14-year-old boy from Knoxville, Tennessee, is suing the state over an anti-transgender youth sports law.
The American Civil Liberties Union, the ACLU of Tennessee and Lambda Legal filed the lawsuit on behalf of Esquivel in the U.S. District Court for the Middle District of Tennessee, arguing that the law is discriminatory and unconstitutional.
The law, S.B. 228, bans trans children from participating on middle and high school sports teams that match their gender by requiring student athletes to prove the sex they were assigned at birth with an “original” birth certificate or other forms of proof. Tennessee Republican Gov. Bill Lee signed the bill in March.
Esquivel, a freshman at Farragut High School in Knoxville, was looking forward to trying out for the school’s golf team before Lee signed the bill.
“I was really looking forward to trying out for the boys’ golf team and, if I made it, training and competing with and learning from other boys and improving my game,” said Esquivel, an avid golfer. “Then, to have the legislature pass a law that singled out me and kids like me to keep us from being part of a team, that crushed me, it hurt very much. I just want to play, like any other kid.”
Luc Esquivel’s mother, Shelley, said the situation still makes her “so angry.”
“A mother wants to see their kid happy, thriving, enjoying being a kid,” she said. “High school sports are an important part of that. I know how much Luc was looking forward to playing on the boys’ golf team. It’s heartbreaking to see him miss out on this high school experience, and it is painful for a parent to see their child subjected to discrimination because of who they are. I’m proud Luc is taking this step, and his father and I are with him all the way.”
According to the ACLU, the Tennessee law is one of hundreds of anti-LGBTQ+ bills pushed in state legislatures across the country in 2021.
As the bill made its way through the state legislature, it garnered no endorsements from mainstream sporting or health organizations. Many such organizations — like the American Academy of Pediatrics and the NCAA — don’t support legislation like Tennessee’s.
The NCAA issued a message in support of trans athletes earlier this year.
“The NCAA Board of Governors firmly and unequivocally supports the opportunity for transgender student-athletes to compete in college sports,” wrote the NCAA. “This commitment is grounded in our values of inclusion and fair competition.”
Lee defended the bill in February, saying trans girls would “destroy women’s sports” if they weren’t banned.
Hedy Weinberg, the executive director of the ACLU of Tennessee, said, “When Tennessee lawmakers passed this discriminatory law, they could not identify a single instance of a Tennessee student facing any harm from a transgender athlete playing sports. However, the emotional cost of this law to transgender student athletes is tremendous.”
Sasha Buchert, senior attorney at Lambda Legal, adds that an “endless” amount of research shows the short-term and long-term benefits for kids who participate in school sports.
“For trans kids, who often experience alienation and stigmatization, participating on teams with their peers is especially important,” said Buchert. “Luc just wants to play golf with other boys, to be part of the team, and to improve his game. Like all kids, he just wants to play.”
Federal courts in Idaho and West Virginia have blocked anti-trans bills. A federal court in Connecticut dismissed a challenge to policies that allow trans girls to participate on girls’ sports teams.
In addition to the anti-trans sports bill, Lee has also signed an anti-LGBTQ+ education bill, an anti-trans bathroom bill and a law banning gender-affirming care for trans youth this year.
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