A federal appeals court on Monday upheld an injunction against an Arizona law banning transgender girls from participating in female school sports teams.
The unanimous ruling by the 9th U.S. Circuit Court of Appeals affirms a lower court’s decision that the law likely violates the Equal Protection Clause of the 14th Amendment.
U.S. Circuit Judge Morgan Christen wrote that the law “discriminates on its face based on transgender status” and doesn’t serve a substantial government interest.
Arizona’s Save Women’s Sports Act, enacted in 2022, requires sports participation based on “biological sex.” It prevents students assigned male at birth from competing on female teams in public and private schools.
Supporters argue the law preserves fairness in girls’ sports by preventing athletes with male physiology from competing against cisgender girls. They cite studies showing physiological differences result in performance gaps, even with testosterone suppression.
Opponents, including civil rights groups and transgender students’ families, say the law unfairly targets transgender girls and denies them equal access to athletic opportunities.
Two transgender students challenged the law in April 2023, claiming it violates their constitutional rights and Title IX protections.
U.S. District Judge Jennifer G. Zipps issued a preliminary injunction in July 2023, ruling the plaintiffs would likely succeed on their claims. Zipps noted transgender girls who haven’t undergone male puberty don’t have the competitive advantages the law addresses.
The appeals court rejected arguments that the law ensures competitive fairness in girls’ sports. Christen’s opinion criticized the law’s broad application to all transgender girls and all sports, regardless of physical contact or individual circumstances.
“Before puberty, there are no significant differences in athletic performance between boys and girls,” Christen wrote, agreeing with Zipps’ conclusion about prepubescent transgender girls receiving puberty-blocking treatment.
The ruling could influence similar cases nationwide, as over 20 states have passed laws restricting transgender students’ sports participation.
Arizona officials haven’t announced plans to appeal to the U.S. Supreme Court. An appeal could set a national precedent on transgender athletes’ rights and state-level gender regulations in sports.
For now, the plaintiffs can continue participating in school sports teams matching their gender identity.
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