Helms Legal, LLC, in the Headlines . . .

Grant E. Helms Discusses Potential Legal Challenges Ahead for New Legislation on Trans Athletes with WRTV News

March 2, 2022, INDIANAPOLIS — The Indiana General Assembly this week passed legislation intended to address what some lawmakers perceive as a growing concern for public school athletics programs: transgender athlete participation in K-12 school sports.

House Enrolled Act 1041 would prohibit transgender girls from playing on sports teams that are designated by the state’s public schools as female teams. The law would also require each school system to develop a grievance procedure to redress grievances filed by either students or parents claiming to be harmed somehow by trans students playing on a school sports team. Further, the law would provide a private right of action against a school corporation that violates any part of the law and causes injury to a student in the process.

The legislation has been sent to Governor Holcomb for signature, who has yet to take action on the bill.

In reporting on the bill’s passage at the Statehouse, WRTV news reporter Cornelius Hocker reached out to Indianapolis-based civil rights attorney Grant E. Helms for a legal perspective in understanding how legislation like this fits into the current legal landscape and what might be expected if the law were challenged in court. “My initial impression upon reviewing the proposed bill is that it likely violates Title IX, which is the federal law that prohibits discrimination on the basis of sex for most all educational entities that receive federal funding.” Helms also cautioned that the legislation will likely face claims brought under the U.S. Constitution, including potential violations of the Fourteenth Amendment’s Equal Protection Clause or perhaps its Substantive Due Process Clause.

“I’d also echo the sentiments expressed in the statement released by the ACLU of Indiana questioning whether the ‘problem’ that this bill purports to address truly exists and also whether the bill’s passage ultimately just creates more harm as an unintended consequence felt by others in the community,” Helms said. As the work of his law firm Helms Legal, LLC, often focuses on bringing cases for clients to recover damages stemming from violations of their constitutional rights, Helms stated that remaining vigilant for policies, laws, or situations that might implicate their civil rights and cause harm is still as important as ever — and it’s key if we hope to ensure citizens continue to enjoy those same rights in the future.

The piece of legislation is currently titled Indiana House Enrolled Act 1041, and the full text of it can be found here on the General Assembly’s website.

The published WRTV online story is available here on its website, and the news report video is below and also accessible on WRTV’s site.