A hearing on a motion for a preliminary injunction against House Bill 11, a bill banning transgender students from participating in girls’ high school sports, was canceled by Third District Court Judge Keith Kelly on Tuesday. Kelly intends to issue a written opinion on the injunction in place of holding the hearing.
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The motion was part of a lawsuit filed in May by the American Civil Liberties Union of Utah and advocacy groups on behalf of two families of transgender girls against the Utah High School Activities Association. The lawsuit claims HB 11 is causing psychological harm and lost opportunities.
In an order filed on Monday, Kelly said that a written opinion would be the best way to resolve the preliminary injunction motion.
“Having deliberated further, the Court concludes (a) that a written opinion is the best way to address the significant and complex constitutional issues raised by the preliminary injunction motion, and (b) that, while a prompt decision is important, a written opinion may take longer than 8/16/22 to complete,” read the order.
The canceled motion hearing has no bearing on the outcome of the lawsuit but does allow for the sports ban to remain in place and prevents transgender Utahns from participating in sports until the court issues further guidance.
While litigants await his written opinion on the preliminary injunction, Kelly has set the scheduling and case management conference call for Aug. 22nd.