A judge has blocked Arizona’s new law prohibiting transgender athletes from participating in girls’ sports from going into effect. U.S. District Court Judge Jennifer Zipps, who was appointed to the bench by President Barack Obama, issued the injunction on Thursday after a lawsuit was filed by two anonymous transgender athletes. Superintendent of Public Instruction Tom Horne said he will appeal the ruling.
Arizona Women of Action issued a response afterwards to the ruling. “Title IX was enacted to protect girls,” the group said in a statement. “To give them equal rights to fair competition, safety, and future opportunities. Arizona’s Save Women’s Sports Act was enacted to solidify the intent of Title IX — to protect biological girls. Sadly, the judge ruled NOT to protect girls OR Arizona / US law.”
The lawsuit was brought against the state by two anonymous transgender students alleging violations of the Equal Protection Clause and Title IX.
Attorney General Kris Mayes declined to defend the state against the lawsuit, prompting Senate President Warren Petersen (R-Mesa) and House Speaker Ben Toma (R-Peoria) to intervene in place of her.
The Save Women’s Sports Act, A.R.S. 15-120.02, went into effect on September 24, 2022, and applies to both public and private schools, K-12, and higher education. This past year, the older transgender plaintiff “was allowed to practice as a member of the team, but not allowed to participate in TGS interscholastic competitions (games).” Previously, “Each school or school district set its own rules on transgender students’ participation in intramural sports.”
In her 35-page Order on Motion for Preliminary Injunction and Findings of Fact and Conclusion, Zipps claimed that there was no evidence that any girl had ever been denied an opportunity to compete in sports in the school district due to a transgender.
