Holly Magalengo, the parent of a cis girl, has filed a federal lawsuit because her daughter competed in track and field and cross-country meets with a trans girl.
The cis girl, identified as A.M., is a senior at Quakertown Community High School. The trans girl she competed against is a student at Plymouth Whitemarsh High School. Both schools are in the Delaware Valley region.
Quakertown is about 40 miles north of Philadelphia in Bucks County. Plymouth Whitemarsh High School is four miles west of Philadelphia in Montgomery County.
“Quakertown Community School District has become inundated with diversity, equity and inclusion curriculum and enrichment since 2020,” Magalengo’s lawsuit states.
The lawsuit, which was filed last month, provides a narrative of Magalengo’s grievances:
“A.M. is a member of the Quakertown Community High School’s girls cross country team. On Sept. 11, 2024, A.M. competed in a cross-country meet at Quakertown Community High School against Plymouth Whitemarsh High School.
“A biological male was registered to compete in the biological female cross-country meet. The biological male, L.A., is a student at Plymouth Whitemarsh High School.
“A.M. and L.A. ran competitively against one another during the Sept. 11, 2024, race. The biological male won the race beating out all of the female athletes. L.A. took first in the race, A.M. took second.”
The lawsuit continues: “A.M. stated to L.A. that ‘You are not a girl. You should not be racing against girls.’
“Plymouth Whitemarsh’s cross country coaching staff complained to Quakertown Community High School’s coaching staff about A.M. stating: ‘You are not a girl. You should not be racing against girls,’ and stated they would be reaching out to Quakertown Community High School’s athletic director.”
Magalengo sought assistance from her daughter’s high school.
On Sept. 12, 2024, A.M.’s parents reached out to Quakertown Community High School for support in removing trans girls from competing in female sports, but the school’s athletic director stated that was beyond the school’s control, according to the lawsuit.
Missy Hartney, a spokesperson for the Quakertown Community School District, reiterated to PGN that the school district has no control over Plymouth Whitemarsh High School.
“Although this involves a Quakertown Community School District student, it is not within our power to control the actions of another school,” Hartney said.
Hartney provided this quote from Brian Laiacona, Quakertown Community High School’s athletic director: “Different sports organizations and governing bodies have various policies in place to address concerns with yours, aiming to create an environment where all athletes can compete. The PIAA [Pennsylvania Interscholastic Athletic Association, Inc.] Bylaws in Article XVI Section 4E states: ‘Where a student’s gender is questioned or uncertain, the decision of the Principal as to the student’s gender will be accepted by the PIAA.’ The decision for which team their student athlete competes under, is the decision of the Plymouth Whitemarsh School District Administration which we do not control.”
Magalengo’s lawsuit goes on to claim that the principal of Plymouth Whitemarsh High School decided that L.A. is a “biological female” and allowed her to compete with the females.
An attorney for Plymouth Whitemarsh High School declined to comment for this story.
Magalengo’s lawsuit also faults the Pennsylvania Interscholastic Athletic Association, Inc.
“PIAA is one of the governing bodies of high school and middle school athletics for the Commonwealth of Pennsylvania, in the United States. The PIAA took Plymouth-Whitemarsh High School’s stance that the biological male was in fact a biological female. L.A. is in fact a biological male. Quakertown High School, Plymouth Whitemarsh High School and PIAA allowed a biological male to compete against biological female athletes . Women and men are not biologically equal,” the lawsuit states.
Attorneys for the Pennsylvania Interscholastic Athletic Association had no comment for this story.
According to the lawsuit, on Dec. 13, 2024, A.M was again subjected to violations of her constitutional rights when she had to compete against L.A. at a track-and-field event.
“Plymouth Whitemarsh High School and the PIAA again allowed the biological male to race in a women’s race providing that L.A. was a female. A.M. was harmed by the Defendants’ actions,” the lawsuit states.
The lawsuit cites research conveying that women will not run, jump, swim or ride a bike as fast as men.
Magalengo’s lawsuit also names as a defendant the U.S. Department of Education, claiming it wrongly expanded the definition of sex to include gender identity, thus facilitating the participation of trans girls in girls sports. A spokesperson for the department declined to comment for this story.
According to Magalengo’s lawsuit, A.M.’s constitutional rights were violated on multiple occasions. Magalengo is seeking an injunction preventing A.M.’s constitutional rights from being violated in the future. Additionally, Magalengo is seeking an unspecified amount of money in damages and payment from the defendants for her attorneys’ fees.
The case has been assigned to U.S. District Judge Wendy Beetlestone. A jury trial has been requested.
Attorneys for Magalegno had no comment for this story.
Justin F. Robinette, a civil-rights attorney, blasted the lawsuit.
“I believe this lawsuit stands out as a particularly bigoted and mean-spirited example of anti-transgender litigation and also a harbinger of more to come,” Robinette said in an email. “While I’m hopeful the lawsuit will be dismissed out of hand on a pre-trial motion, in today’s indisputably changing climate toward the acceptance of transgender people, that may not be the case. It’s disappointing to see the federal courts, which have served throughout the years as the last bastion or resort for important questions impacting the LGBTQ community, be used for the opposite, to bully trans people. A ruling against trans women and girls who want to compete in athletics and anti-transgender legislation which seeks to restrict their access to the same will in turn create an environment where persecution and transphobia are acceptable.”