A lawsuit alleging a transgender student’s participation on the Martin Luther King High School cross country team violates Title IX was partially dismissed on Sept. 24.

California Central District Judge Sunshine Sykes kept the plaintiff’s claim that the school treated the transgender athlete better because of her gender identity. Sykes threw out the plaintiff’s other Title IX causes of action. She allowed the plaintiffs to amend the case and refile by Oct. 15.

Attorneys for neither side responded to a request for comment. Julianne Fleischer and Robert Tyler of Murrieta’s Advocates for Faith & Freedom represent the plaintiffs. Milton Foster III and Nathaniel Rosilez of Corona’s Fagen Friedman & Fulfrost represent the Riverside Unified School District.

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