INDIANAPOLIS (AP) — A lawsuit difficult an Indiana regulation that prohibits transgender college students from competing in women college sports activities was dropped Wednesday simply weeks earlier than it was to be heard by a federal appeals courtroom.

A federal decide in Indianapolis dominated in opposition to the regulation in August and granted a preliminary injunction permitting a 10-year-old transgender lady to rejoin her college’s all-girls softball crew within the Indianapolis Public Schools district.

But the American Civil Liberties Union of Indiana, which represented the lady, and the state lawyer normal’s workplace filed courtroom paperwork Wednesday to dismiss the lawsuit as a result of the lady just lately enrolled in a constitution college not operated by the district.

“The parties acknowledge that as this case is now moot and must be dismissed, this Court’s preliminary injunction, upon dismissal of this action, will be vacated and will be of no effect,” the courtroom submitting mentioned.

There’s an ongoing nationwide debate concerning the rights of transgender athletes . More than a dozen states have handed legal guidelines banning or proscribing their participation in sports activities based mostly on arguments that they’ve an unfair, aggressive benefit.

A federal decide earlier this month dominated that West Virginia can hold its ban on transgender athletes competing in feminine college sports activities. A federal appeals courtroom in New York, nevertheless, dismissed a problem to Connecticut’s coverage of permitting transgender women to compete in women sports activities.

The ACLU mentioned it stands by its arguments that the Indiana regulation violates federal Title IX protections in opposition to discrimination on the idea of intercourse in teaching programs or actions — and indicated that it might file future authorized challenges on behalf of different transgender college students.

“We filed to dismiss our case on behalf of a trans athlete in IPS schools solely due to individual circumstances regarding our client’s recent transfer,” the ACLU mentioned in an announcement.

U.S. District Judge Jane Magnus-Stinson had dominated that the fifth-grade lady had “a strong likelihood” of prevailing in arguments that the Indiana regulation violated federal Title IX protections. The federal appeals courtroom in Chicago was scheduled to listen to arguments within the case on Feb. 15.

Indiana’s Republican-dominated Legislature accepted the regulation final 12 months over the veto of GOP Gov. Eric Holcomb as opponents argued it was a bigoted response to an issue that doesn’t exist.

The state lawyer normal’s workplace didn’t instantly reply to a request for remark Wednesday. It had argued in filings with the appeals courtroom that upholding the decide’s ruling “would throw open girls’ sports to members of the male sex with all the advantages being born male confers, depriving women of equal opportunities to compete fairly and safely in sports.”