Court affirms ruling that blocks Arizona's anti-transgender student athlete law

A court of appeals has upheld an injunction preventing enforcement of a law banning trans girls in Arizona from playing school sports according to their gender identity.

The case, Helen Doe, et al v. Thomas Horne, et al, involved two transgender girls aged 11 and 15 who could not play on girls’ sports teams because of the Save Women’s Sports Act. The 2022 law banned trans girls from participating in sports according to their gender identity. The suit was filed with the help of the National Center for Lesbian Rights (NCLR).

The three-judge panel on the U.S. Ninth Circuit Court of Appeals in Tucson affirmed a lower court ruling placing an injunction against enforcement of the law while the case is litigated. Horne is named as a litigant in the case in his role as the Arizona Superintendent of Public Instruction.

“The panel held that the district court did not clearly err by finding that, before puberty, there are no significant differences in athletic performance between boys and girls; treating small differences as insignificant; and finding that transgender girls who receive puberty-blocking medication do not have an athletic advantage over other girls,” U.S. Circuit Judge Morgan Christen wrote in the unanimous decision affirming the lower court’s decision.

The panel also found the law discriminates against transgender students and that the plaintiffs were likely to succeed on the merits of their case.

The ruling means that the two girls will now be able to play sports in the upcoming school year.

“Today’s ruling from the 9th Circuit is a relief for our family,” Helen Doe, mother of plaintiff Jane Doe, said in a statement released by the NCLR. “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.”

“Megan is over the moon and immensely relieved to learn of the court’s decision allowing her to play the sport she loves on the team that has always welcomed her as one of their own,” echoed Kate Roe, mother of plaintiff Megan Roe.

“We are pleased with the Ninth Circuit’s ruling today, which held that the Arizona law likely violates the Equal Protection Clause and recognizes that a student’s transgender status is not an accurate proxy for athletic ability and competitive advantage,” Rachel Berg, staff attorney at the NLCR, said in a statement.

After the ruling, Horne said he was not surprised by the decision.

“The 9th Circuit is very left-wing,’’ Horne told the local Capitol Media Services following the decision. “They’re the most reversed circuit in the country.”