NEW HAVEN, Conn. (WTNH) — A new battle will be fought on Tuesday over transgender high school athletes in Connecticut. 

A New York appeals court says it will rehear the case filed by a group of cisgender female runners who say it isn’t fair for them to compete against transgender athletes.

The landmark suit was filed three years ago by four cisgender female high school track athletes in Connecticut.

After more than a year under consideration, a three-judge panel threw the suit out because they called their claims “speculative.”

Court to reconsider Connecticut’s transgender athlete policy

“Im hoping that the court will realize how important this issue is and they will restore fairness to women’s sports,” said Alanna Smith, one of the students who filed the lawsuit.

Smith was a high school runner in Danbury, who says she lost to transgender competitors. She says she’s glad the case is getting another look.

“I’m also very optimistic that fairness will be restored to women’s sports and I hope that we can keep women’s sports, women’s sports,” Smith said.

“It really wasn’t the public outpouring of support that we are seeing now and I think it’s really exciting to see female athletes across the country now using their voice standing up and speaking out and saying this is unfair,” said Christina Kiefer, of Alliance Defending Freedom.  

The American Civil Liberties Union said they will defend the state policy of allowing transgender athletes to compete with the gender they identify with.

“The court’s previous decision affirmed that our clients played by the rules and that all girls, trans and cisgender, have a right to play under Title IX,” the American Civil Liberties Union said in a statement.

The CIAC released the following statement in response to the lawsuit:

“The CIAC has been confident in its inclusionary policies from the onset of this case. The CIAC was pleased with the previous decision…. and looks forward to presenting its position to the full Circuit Court.”