9th Circuit allows two transgender girls who identify as female to play sports on teams that match their gender identity
LGBTQ Legal Issues
9th Circuit allows 2 transgender girls to play on sports teams that align with their gender identity
September 12, 2024, 11:07 am CDT
A federal appeals court on Monday ruled that two transgender girls in Arizona should be allowed to play on school sports teams that are consistent with their gender identity. (Image from Shutterstock)
A federal appeals court on Monday ruled that two transgender girls in Arizona should be allowed to play on school sports teams that are consistent with their gender identity.
The 9th U.S. Circuit Court of Appeals at San Francisco said the transgender plaintiffs were likely to succeed on their claim that the ban violates the equal protection clause of the 14th Amendment.
The appeals court banned enforcement of Arizona’s Save Women’s Sports Act against the girls while litigation continues. The appeals court found that the law discriminates on its face based on the transgender status. As applied to the girls, the law does not survive strict scrutiny, the 9th Circuit concluded.
“The act’s transgender ban applies not only to all transgender women and girls in Arizona, regardless of circulating testosterone levels or other medically accepted indicia of competitive advantage, but also to all sports, regardless of the physical contact involved, the type or level of competition or the age or grade of the participants,” Christen wrote. The 9th Circuit concluded that the law does not survive strict scrutiny when applied to the girls. “Heightened scrutinizing does not require narrow tailoring but it does require substantial relationship between the end sought and the discriminatory methods chosen to achieve them.”
The girl had not yet reached male puberty and was taking puberty blocking medication. They were also undergoing hormone treatment. They argued that the district court wrongly treated as insignificant small differences in athletic ability between boys and girls before puberty. They had argued that the district court wrongly treated as insignificant small differences in athletic ability between boys and girls before puberty.
But the appeals court said the appellants overlooked findings that small differences identified in some studies “have not been shown to be attributable to biological rather than sociological factors.”
The girls were represented by the National Center for Lesbian Rights, a nonprofit public interest law firm, according to a Sept. 9 press release.
Rachel Berg, a lawyer with the group, told Tuscon.com that the ruling applies only to the plaintiffs, but it is crucial for others in the same situation.
“The 9th Circuit recognized that the law is unconstitutional because it’s a categorical ban on all transgender girls from playing on school sports teams,” Berg said. The law applies to all transgender girls, regardless of their circumstances. The 9th Circuit recognized that just because somebody is transgender tells you nothing about whether they have an athletic advantage.”
Tom Horne, the Arizona schools chief, told Tucscon.com that the 9th Circuit “is very left wing,” and the appellants will have to take the case to the U.S. Supreme Court if they want to win.
The Associated Press also has coverage of the decision.
The case is Doe v. Horne.
See also:
Transgender girl can stay on team, for now, after SCOTUS denial; action comes as US proposes new Title IX rule
