The USWNT have received a huge blow in their equal pay lawsuit: the federal judge presiding over the case has thrown out their claims of gender-based discrimination. And now the superstars leading this campaign have responded!
Judge R. Gary Klausner of United States District Court for the Central District of California dismissed the plaintiff's biggest argument: that they are paid less than their male counterparts due to gender. Klausner not only ruled in favor of the U.S. Soccer Federation on that notion but also stated that the USSF provided substantial evidence for their argument that the women earned more "on both a cumulative and an average per-game basis" in comparison with the USMNT.
"The history of negotiations between the parties demonstrates that the WNT rejected an offer to be paid under the same pay-to-play structure as the MNT, and the WNT was willing to forgo higher bonuses for benefits, such as greater base compensation and the guarantee of a higher number of contracted players," Klausner wrote in his 32-page ruling.
"Accordingly, plaintiffs cannot now retroactively deem their CBA worse than the MNT CBA by reference to what they would have made had they been paid under the MNT's pay-to-play terms structure when they themselves rejected such a structure."
The federal judge added: "Merely comparing what WNT players received under their own CBA with what they would have received under the MNT CBA discounts the value that the team placed on guaranteed benefits they receive under their agreement, which they opted for at the expense of higher performance-based bonuses."
This ruling from the judge is a huge blow to the USWNT's fight, which has been growing in both popularity and support from the general public. In response to Klausner's decision, the plaintiffs' spokeswoman Molly Levinson admitted to being both "shocked" and "disappointed" but stressed they will appeal this decision, a fight they will now take to the 9th US Circuit Court of Appeals.
1/2 We are shocked and disappointed with today's decision, but we will not give up our hard work for equal pay. We are confident in our case and steadfast in our commitment to ensuring that girls and women will not be valued as lesser just because of their gender.
— mollylevinson (@mollylevinson) May 1, 2020
2/2 We have learned that there are tremendous obstacles to change; we know that it takes bravery and courage and perseverance to stand up to them. We will appeal and press on. Words cannot express our gratitude to all who support us.
— mollylevinson (@mollylevinson) May 1, 2020
The likes of Rapinoe, Morgan, Press, and Sauerbrunn were quick to respond on social media regarding the judge's ruling, stressing that this latest setback is not enough to thwart their fight. However, it was not all bad news for the USWNT as Klausner allowed claims of discriminatory travel accommodations and on support services – this entails medical and training staff – to go through.
We will never stop fighting for EQUALITY.
— Megan Rapinoe (@mPinoe) May 2, 2020
We will continue on in the fight for equal pay. https://t.co/GmI16NssIh
— Christen Press (@ChristenPress) May 1, 2020
Although disappointing to hear this news, this will not discourage us in our fight for equality. https://t.co/s1VWfF2IG0
— Alex Morgan (@alexmorgan13) May 2, 2020
We will continue to fight like hell and get what we deserve. https://t.co/fwfOMaBfp7
— Ali Krieger (@alikrieger) May 2, 2020
If you know this team at all you know we have a lot of fight left in us. We knew this wasn't going to be easy, change never is. https://t.co/BfXqAAtCZ5
— Becky Sauerbrunn (@beckysauerbrunn) May 1, 2020
The U.S. Soccer Federation issued a statement after this decision but took no joy after the ruling went in their favor. They stressed that they are eager to work with the USWNT to "chart a positive path forward to grow the game both here at home and around the world".