This week, a decision by the federal appeals court maintained a previous injunction against Arizona’s 2022 legislation that prevented transgender athletes from competing in women’s sports teams.
A panel from the 9th Circuit U.S. Court of Appeals, on Monday, confirmed there was no mistake in the lower court’s finding that “there are no significant differences between boys and girls in athletic performance” before puberty, as reported by the Associated Press.
Moreover, the appellate judges found the law to be discriminatory towards transgender individuals in the United States. This judgment was specifically related to “two transgender girls whose parents initiated legal action against the statute.” The case is directed back to the lower court and the law’s enforcement will continue to be halted during the legal process.
The AP also noted the lawsuit’s claim that the law breaches the equal protection clause of the U.S. Constitution and Title IX. The appeals court agreed that the equal protection argument is likely to succeed, though it left the success of the Title IX claim undecided.
Tom Horne, serving as Arizona’s public instruction superintendent, asserted on Tuesday that ultimate victory for the case is anticipated at the Supreme Court level.
“We always expected to win this case in the U.S. Supreme Court,” stated Horne. “The 9th Circuit is notoriously left wing. We did not expect to get a fair hearing in the 9th Circuit.”
Rachel Berg, an attorney with the National Center for Lesbian Rights representing the plaintiffs, highlighted the decision’s acknowledgment that “a student’s transgender status is not an accurate proxy for athletic ability and competitive advantage.”
