Governor Kay Ivey and Alabama House Speaker Nathaniel Ledbetter are taking a victory lap after a court rules that students using new CHOOSE Act funds can still play high school sports.

A Montgomery County Circuit Court judge granted their motion for a temporary restraining order against the Alabama High School Athletic Association (AHSAA) rule on Creating Hope and Opportunity for Our Students’ Education Act (CHOOSE Act) student transfers.

Ivey and Ledbetter requested an injunction Thursday and were granted a temporary restraining order after a hearing held Friday in Montgomery County Circuit Court. The order blocks the AHSAA’s CHOOSE Act rule while the Governor and Speaker’s lawsuit proceeds in court.

The temporary restraining order specifically prohibits the AHSAA from “enforcing any rule or policy which makes the acceptance of CHOOSE Act funds the sole determinative factor of eligibility for participation in interscholastic athletic events.” According to today’s court order, all other rules and policies of the AHSAA “remain in full force and effect.”

“Today’s order is a victory for common sense,” Ivey said. “Every child deserves true choice in their education and that includes their right to participate in school athletics. The court’s decision restores fairness to the process which is, of course, the very basis of the CHOOSE Act. I will continue standing up for our parents and students to ensure the law is followed and that every child in Alabama has a fair chance to succeed in the classroom and in athletics.”

This action comes after the AHSAA issued a ruling requiring student-athletes who transfer to sit out for one year before competing in athletics solely because the student participates in the state’s new CHOOSE Act. According to the specific wording of the CHOOSE Act, “nothing” in it “shall change or affect the athletic eligibility of student athletes governed by the Alabama High School Athletic association or similar association.”

“I am incredibly grateful that the court sided with Alabama’s student-athletes and restored their right to compete,” said Speaker Ledbetter. “The bottom line is that no person or entity’s opinion is greater than the rule of law. Every student deserves to have the opportunity to participate in athletics, and with this action, affected students can get off the sidelines and back into the game while we continue fighting to ensure a level playing field.”

Under the CHOOSE Act, families can receive a $7,000 ESA to enter their student into a private or public school at the beginning of the next academic year

Ivey and Ledbetter said they remain committed to ensuring that students’ opportunities to compete in athletics are not unfairly impacted by their parents’ decision to make educational choices that give them the best chance to succeed.

Yaffee is a contributing writer to Yellowhammer News and hosts “The Yaffee Program” weekdays 9-11 a.m. on WVNN. You can follow him on X @Yaffee