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Judge rules in favor of Hanover teen fighting to play on middle school tennis team

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HANOVER COUNTY, Va. -- A transgender Hanover middle school student will now be able to try out for a girl’s tennis team after a federal judge ruled Wednesday that Janie Doe, who identifies as a female, can participate.

It’s a decision that came down after Doe asked the court to allow her to play tennis while her lawsuit plays out.

Doe is suing the school board after they voted in 2023 not to allow her to play on the team.

The ACLU, who is representing Doe, argued that the board violated Title IX.

Title IX is a federal law that says public schools are prohibited from discriminating based on sex. The judge heard arguments from Doe’s attorneys and the school board before making the ruling.

Court documents show the hearing was scheduled for Wednesday because the judge wanted to give the school board a second chance to review Doe’s request before their hearing on Wednesday morning.

In a letter sent to Doe, Hanover School Board chairman Robert May wrote that the board denied that request because existing law proved Doe was not eligible until “a court determines part of the code of Virginia, model policies and opinion of the attorney general are invalid” and the board is in “a situation where state law requires that it adopt and implement the model policies."

WATCH: Why the Hanover School Board denied Janie Doe participation on school tennis team

Janie Doe wants to play tennis at a Hanover County middle school. The school board won’t let her.

Those Virginia Department of Education policies adopted in 2023 say any athletic program or activity needs to be separated by sex as opposed to gender identity.

Hanover parents and community members have continued to vocalize their opinions on the case, especially during public comment at a Tuesday school board meeting.

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“Many students parents and educators in the system feel silenced, isolated, and unsupported," one parent said. "They feel staying in this school system is untenable. Consider the lawsuit on sports inclusion."

“We’re up against a fight that wants to put a boy to play on a girls athletic team. What part of the middle road is that,” another community member added.

The court wrote they would release a written decision on why the judge ruled in Doe’s favor on this injunction.

The Hanover School District declined to comment on the decision because it is pending litigation as the full case is heard.

This is a developing story. Email the CBS 6 Newsroom if you have additional information to share.

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