Federal Appeals Court Upholds Block on Arizona Law Banning Transgender Girls from School Sports Teams
PHOENIX — In a recent decision, a federal appeals court has upheld a lower-court ruling that prevents Arizona from enforcing a 2022 law that prohibits transgender girls from participating in girls’ school sports teams.
The three-judge panel of the 9th Circuit U.S. Court of Appeals affirmed the lower court’s decision, stating that there are no significant performance differences between boys and girls before puberty. Additionally, the panel concluded that the Arizona law discriminates based on transgender status.
This ruling specifically affects two transgender girls whose parents brought forth a lawsuit challenging the law. The lawsuit argues that the law violates the U.S. Constitution’s equal protection clause and Title IX. While the court believes the challengers are likely to succeed on the equal protection claim, the decision on the Title IX claim remains pending.
The case will now be returned to the lower court, and the law will remain blocked while the litigation continues. Arizona’s Superintendent of Public Instruction, Tom Horne, expressed disappointment with the 9th Circuit’s decision, stating that they always anticipated winning the case in the U.S. Supreme Court.
Rachel Berg, an attorney representing the National Center for Lesbian Rights and the girls and their parents, hailed the ruling as a recognition that a student’s transgender status should not determine their athletic ability or competitive advantage.
Arizona is among several states and school districts that have passed laws restricting access to school sports teams based on the sex assigned at birth rather than gender identity. Despite Arizona officials claiming the law promotes fairness, LGBTQ+ advocates argue that such legislation is discriminatory and uses transgender individuals for political gain.
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