The US Ninth Circuit Court of Appeals on Monday affirmed a lower court’s decision to restrict legislation that bans transgender girls from playing sports in an all-girls team. This ruling is a significant step in ongoing litigation aimed at addressing the rights of transgender students in athletics.
Plaintiffs Kate and Megan Doe, two transgender minors, initially challenged Senate Bill 1165, also known as the Save Women’s Sports Act, which bans transgender girls and women from participating in women’s sports teams that match their gender identity, across all educational levels from elementary school to university.
The plaintiffs, represented by advocacy groups, filed a lawsuit in April 2023 against the Arizona Superintendent of Public Instruction and their respective schools, seeking injunctive relief. They argued that the bill violates Section 1681(a) of Title IX of the Education Amendments of 1972, which prohibits gender discrimination in schools receiving federal financial assistance. They also cited the Equal Protection Clause under the Fourteenth Amendment, arguing that it ensures equal protection and benefit of the law without discrimination.
In July 2023, the US District Court for the District of Arizona ruled in favor of the plaintiffs, asserting that there was no significant athletic advantage prior to puberty or for girls who received puberty blockers. The court granted a preliminary injunction, allowing the plaintiffs to continue participating in their respective sports teams.
This week, a three-judge panel of the Ninth Circuit upheld the district court’s decision, stating that the Save Women’s Sports Act discriminates against transgender individuals, thus violating the Equal Protection Clause. However, the appellate court refrained from making a definitive ruling on whether Title IX was violated. The case will still proceed to trial.
In 2022, Arizona Governor Doug Ducey signed Senate Bill 1165 into law. The bill defines gender in interscholastic sports, asserting that terms like “female,” “women,” or “girls” are not applicable to students of the male sex. It further claims that biological sex is genetically determined during embryonic development, making prior case-by-case participation for transgender students irrelevant under the new law.
According to a poll conducted by The Trevor Project, 86 percent of transgender and non-binary youth report that anti-trans bills adversely affect their mental health. The American Civil Liberties Union is actively tracking 530 anti-LGBTQ bills in 2024, with 13 targeting the participation of transgender students in sports.
For those seeking a deeper understanding of the Ninth Circuit’s decision and its implications, the original news coverage can be accessed on JURIST – News.