The Montezuma-Cortez School District unanimously adopted an emergency sports policy on June 24 in an effort to preserve fairness and safety in district sports. It was set to expire in 90 days.
The board also voted to consider the policy for permanent approval “within 90 days and to direct administration to join the lawsuit captioned D49 v Sullivan et al as an additional plaintiff.”
The policy acknowledges inherent biological differences between males and females, noting that boys possess significant athletic advantages that, while not guaranteeing victory, give most a substantial edge over girls in competitive sports. The policy noted that the disparity could displace girls from opportunities if biological males are allowed to compete against them, a trend that has been observed in schools across the country, including in Colorado.
“Schools across the country and in Colorado are ignoring this reality and allowing men and boys to compete against women and girls,” the policy said. “This is demeaning, unfair and dangerous to women and girls, and denies women and girls the equal opportunity to participate and excel in competitive sports.”
The policy adds that allowing boys to compete in girls’ sports undermines female athletes’ chances for recognition, college scholarships and privacy, especially in instances where locker rooms and hotels are utilized.
The policy defines “biological sex” based on reproductive biology and genetics at birth, classifying teams as either male, female or coed. Female teams will exclude biological males, and male teams will exclude biological females. Locker rooms and hotel accommodations will be organized by biological sex to ensure safety and privacy for all students.
This decision aligns with President Donald Trump’s Executive Order 14201, which mandates that funds be cut from programs that deny fair athletic opportunities to women and girls.
Executive Order 14201 states, “it is the policy of the United States to rescind all funds from educational programs that deprive women and girls of fair athletic opportunities, which results in the endangerment, humiliation and silencing of women and girls and deprives them of privacy. It shall also be the policy of the United States to oppose male competitive participation in women's sports more broadly, as a matter of safety, fairness, dignity and truth.”
The board, in adopting the emergency policy, cited a district policy that allows for the adoption of policies like this one.
“Under unusual circumstances, the board may temporarily approve a policy to meet emergency condition,” the policy says. “This emergency policy can be adopted in a single meeting when it is introduced. An emergency policy may not last longer than 90 days. However, the policy adoption process is required before the policy can be considered permanent.”
The lawsuit was filed by School District 49 in El Paso County on May 9 against Aubrey Sullivan, director of the Colorado Civil Rights Division, alongside Colorado Attorney General Phil Weiser, the Colorado High School Activities Association and others.
District 49 argues that CHSAA bylaws and the Colorado Anti-Discrimination Act force schools to allow biological males to compete against girls, risking federal funding cuts or state penalties.
The Montezuma-Cortez school district reportedly seeks to join the lawsuit as an additional plaintiff, as is other Colorado school districts.
