A lower court ruling that blocked Arizona’s 2022 law barring transgender athletes from participating in women’s sports was upheld by a federal appeals court this week.
The decision from a three-judge panel of the 9th Circuit U.S. Court of Appeals on Monday said the “lower-court judge didn’t make an error in concluding that, before puberty, there are no significant differences between boys and girls in athletic performance,” per the Associated Press (AP).
The panel also claimed the law discriminates against transgender Americans and the ruling applied only to “two transgender girls whose parents filed a lawsuit challenging the law.” The lawsuit will be sent back to the lower court and remain blocked throughout litigation.
“The lawsuit alleges the law violates the equal protection clause in the U.S. Constitution and Title IX. The appeals court says the challengers are likely to succeed on the equal protection claim, but the court did not say whether it thought the Title IX claim also would prevail,” added the Associated Press.
Tom Horne, Arizona’s superintendent of public instruction, said Tuesday that the case will win if it goes to the Supreme Court.
“We always expected to win this case in the U.S. Supreme Court,” Horne said. “The 9th Circuit is notoriously left wing. We did not expect to get a fair hearing in the 9th Circuit.”
Attorney Rachel Berg of National Center for Lesbian Rights, who represents the girls’ parents, said the ruling “recognizes that a student’s transgender status is not an accurate proxy for athletic ability and competitive advantage.”
