Legal Action Against WNBA's Trans Policy Has Begun

WASHINGTON - EntSun -- The WNBA has been put on legal notice of a potential lawsuit after reportedly denying former NBA player Royce White's eligibility for the draft without properly notifying him, and without stating any reason for such a denial.

The league has thus just been put on formal notice by a "preserve all records" demand from White's attorney - "The WNBA should preserve all records in anticipation of litigation" - which is usually the first and very important step before actually filing a formal written complaint in court; since it preserves, and prevents from deletion or altercation, all relevant records including emails, memos of phone calls and meetings, etc., explains public interest law professor John Banzhaf.

Those documents are likely to contain evidence that the league has, or expects to, discriminate on the basis of gender identification (being or not being transgender) which is expressly prohibited by statutes in the jurisdiction in which the league is incorporated, the jurisdiction where it has its principal offices, and in many of the states in which the WNBA has teams, stages games, and otherwise conducts business, says Banzhaf.

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Indeed, it appears that White's attorney, Matt Gaetz, may be following the detailed legal analysis which I prepared explaining the various legal theories under which he can win, says the law professor, who has won over100 legal actions of discrimination based upon sex (against both men and women); including novel ones such as requiring the first of two then-state-supported colleges to admit its first female student, and the Cosmos Club to abandon its 100+ year policy of refusing to even consider women for membership.

Since lawsuits changing illegal gender-identity discrimination can be filed in more than a dozen different jurisdictions, each of which has strong laws expressly prohibiting the practice, it is likely that the WNBA would be required to limit its forthcoming draft to players who are female - as determined by well recognized medical tests increasing used in other sports - or to admit male players, predicts the activist law professor.

JOHN F. BANZHAF III, B.S.E.E., J.D., Sc.D.
Professor of Public Interest Law Emeritus
George Washington University Law School
"The Man Behind the Ban on Cigarette Commercials"
FAMRI Dr. William Cahan Distinguished Professor
Fellow, World Technology Network
Founder, Action on Smoking and Health (ASH)
Inventor of the "Banzhaf Index"
(703) 527-8418
http://banzhaf.net/   jbanzhaf3ATgmail.com   @profbanzhaf