Federal Appeals Court Upholds Block on Arizona’s Transgender Sports Legislation

The Ninth Circuit Court of Appeals has upheld a block on Arizona’s law prohibiting transgender girls from participating in girls’ sports teams in public schools. This decision comes as a lawsuit against the law continues to progress, affirming a prior ruling by a lower court.

The legal battle began when two young girls filed a lawsuit against the Arizona Department of Education and their respective schools, claiming the ban violates federal protections such as the Equal Protection Clause of the Fourteenth Amendment and Title IX, which guards against sex-based discrimination.

A federal court in Tucson granted a preliminary injunction in July 2023, allowing the plaintiffs to join teams that align with their gender identity. However, Arizona Superintendent of Public Instruction Tom Horne, along with Senate President Warren Petersen and House Speaker Ben Toma, contested this ruling, arguing it unfairly disadvantages cisgender students.

Arizona Attorney General Kris Mayes has opted not to defend the law in court, further complicating the state’s position.

The three-judge panel of the Ninth Circuit confirmed that the lower court’s decision to block the law’s enforcement was justified. Helen Doe, mother of plaintiff Jane Doe, expressed relief at the ruling, stating it enables her daughter to participate in a supportive environment. “With this ruling, our daughter can continue to play with her friends, make new friends, and experience all the benefits that school sports have to offer,” she said.

Kate Roe, mother of the other plaintiff, also shared her family’s gratitude, noting her daughter Megan’s joy at being allowed to play. “Megan is over the moon and immensely relieved,” Roe commented. “Having watched her blossom across the last season as both an athlete and a young woman, her dad and I are deeply thankful to the whole legal team that has fought so hard for her basic right to play ball on the team where she so clearly belongs.”

The panel’s ruling supports the lower court’s finding that, prior to puberty, athletic performances show negligible differences between boys and girls. The judges acknowledged that transgender girls receiving puberty-blocking medication do not possess an athletic advantage over their cisgender counterparts.

The ruling explicitly states that the law discriminates against transgender individuals and indicates that the plaintiffs are likely to prevail on their equal protection claims. However, it refrained from determining whether the law also contravenes Title IX.

Prior to the 2022 legislation, participation of transgender athletes was regulated on a case-by-case basis by the Arizona Interscholastic Association, which governs around 170,000 high school athletes statewide. From 2017 to 2022, only 16 transgender students were permitted to compete on teams corresponding with their gender identity, half of whom were trans girls.

Rachel Berg, Staff Attorney at the National Center for Lesbian Rights, voiced satisfaction with the Ninth Circuit’s ruling. “We are pleased with the Ninth Circuit’s ruling today, which held that the Arizona law likely violates the Equal Protection Clause,” she remarked. Berg added that the ruling emphasizes that a student’s transgender status does not serve as a reliable predictor of athletic performance or competitive advantage.

While the case is set to proceed to trial, the ruling allows the plaintiffs to compete in sports that affirm their gender identity during this legal process. Senate President Petersen, who championed the contentious legislation, did not respond to requests for comment regarding this ruling.