When new state restrictions on trans athletes took effect in August, Maëlle Jacques was nervous.
“Initially, it really freaked me out,” said Jacques, who just started her junior year at Kearsarge Regional High School.
Jacques, who is trans, has been a goalie on the girls’ varsity soccer team since last season. She’s been playing soccer since was 3 years old and has made many close friends on the field.
“The team environment in soccer is something special,” she said.
Heading into this season, Jacques knew she might be forced onto the sidelines — she had testified in the State House against proposed laws that would ban her from playing on the girls' team. When Gov. Chris Sununu signed one of those laws this summer, she still continued practicing and conditioning as usual. But one day, she received the news she had been dreading.
“My coach and athletic director kind of just pulled me aside and [were] like, actually, we can't have you practicing at all,” she recalled.
Jacques said her coach and administrators were supportive. But Kearsarge, like many other New Hampshire school districts, found itself in a bind — as state officials urged schools to enforce the ban while some attorneys argued it could violate federal law.
The families of two other trans girls sued the state in August, before Jacques' preseason began. They claimed the law violated federal civil rights protections, and the judge issued a temporary restraining order allowing one of those athletes to play. But as that case worked its way through the courts, Jacques had to sit on the bench, still attending her team’s every practice and game, but unable to participate herself.
At the end of August, Jacques appealed directly to her school board to ask for permission to rejoin the team. She relied on the legal arguments outlined in the ongoing court case, arguing that New Hampshire’s new sports ban violates federal Title IX measures. She wrote her remarks between classes, getting some tips from her older brother and an ACLU lawyer.
“I wasn't sure how it would go,” she said.
After more public testimony and nearly 40 minutes of deliberation, the board announced their decision: Jacques could return to the girls’ team. She said she felt “elated” when she heard the news.
“The first thing I did was I messaged my team's captains who had been asking me every day when I was going to be back, if there were any updates,” Jacques said. “And I mean, obviously they were very excited as well.”
Kearsarge Regional School Board Chair Alison Mastin told NHPR the decision was “difficult” but in line with their interpretation of the New Hampshire Interscholastic Athletic Association’s eligibility standards, as well as other state and federal laws.
“The school board considered the possible impacts on district liability as well as other factors,” Mastin said in an email.
State authorities say nothing has changed, in their eyes.
“The law is only currently enjoined for one plaintiff and otherwise remains in effect statewide,” wrote Michael Garrity, a spokesperson for the Attorney General’s office. “Beyond that, the law is currently in litigation before the federal court, and we would not comment beyond our filings and arguments made in the court matter at this time.”
Since that Aug. 29 school board meeting, Jacques has been eager to get back to the sport she loves.
“It was just relieving most of all, to just not have to sit out,” she said, “and to be able to help my team.”
Jacques is also an accomplished high jumper – she won the Division II state title in the spring. She plans to keep competing in Track and Field later this school year.
“I'm feeling hopeful because I know so far the school board has had my back,” she said. “And I know I have great teammates and supportive coaches.”
