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ACLU case against Indiana law banning transgender girls from girls' sports teams goes to a judge

The American Civil Liberties Union is fighting for one 10-year-old girl to play softball.

INDIANAPOLIS — A law banning transgender girls from playing on girls' sports teams in schools goes into effect Friday. 

The American Civil Liberties Union has asked for an injunction on the law. Thursday, they filed their reply in support of their motion. The case now goes to a judge.

"I'm not sure why the state has chosen to pick on kids who are just trying to live their lives and who are really adversely affected when society refuses to treat them according to their gender identity," said ACLU Indiana legal director Ken Falk. 

Falk and the ACLU are fighting for one 10-year-old girl to play softball. The ACLU filed the injunction on girl's behalf.

"This law makes no sense. Why deny a fifth grader the right to play softball?" said Falk. 

Falk said the law won't apply to the child until August when her softball season starts. They hope to have a decision by then.

"She certainly isn't the best on the team, but she gets a lot of social support by playing with the other girls," said Falk. 

Thursday, the ACLU filed their reply in support of their motion so the case will be ready for the judge. They didn't expect a ruling by Friday. 

Regardless, Falk said the evidence doesn't show there has ever been a problem.

"The IHSAA does have a policy that allows transgender students to play if they meet certain standards, but only one transgender girl has ever applied in the five years since the policy has been in effect and that person withdrew," said Falk. 

Falk said this is about more than sports.

"I think the idea that we are going to tell a 10-year-old not only you can't play softball, that's one thing, but you have to admit to people who have no idea that your gender assigned at birth was not female. That's really cruel," said Falk. 

Falk hopes things are resolved quickly in their favor so the girl can get back to having fun with her team.

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