U.S.A.: Federal court blocks trans sports ban, labelling it “the essence of discrimination”
September 11, 2024The 9th U.S.A. Circuit Court of Appeals has blocked Arizona’s ban on trans athletes, labelling the 2022 legislation as “the essence of discrimination.”
According to ‘LGBTQ Nation’, proponents of the Save Women’s Sports Act argued that the law safeguarded girls and women in educational institutions from “unfair competition.” However, as reported by The San Francisco Chronicle, the federal court determined that pre-pubescent trans girls and those on puberty blockers do not possess significant physical advantages over cisgender girls of the same age.
Judge Morgan Christen, in a unanimous 3-0 decision, stated, “The law to ensure competitive fairness and equal athletic opportunities for cisgender female athletes cannot be squared with the fact that the Act bars students from female athletics based entirely on transgender status.” She further noted, “the law permits all students other than transgender women and girls to play on teams consistent with their gender identities,” but “transgender women and girls alone are barred from doing so. This is the essence of discrimination.”
The case was initiated by two trans girls—an 11-year-old soccer player and a 15-year-old swimmer and volleyball player on puberty blockers—who sought to overturn the law. Meanwhile, 18 states backed the law in court arguments, while 17 opposed it.
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A lower federal court had previously ruled against the legislation, with both decisions now serving as legal precedents that could assist other trans girls in participating in sports. However, Arizona retains the option to appeal the decision to an 11-judge panel within the appeals court or to request the U.S. Supreme Court to review the case.
Rachel Berg, a lawyer from the National Center for Lesbian Rights representing the two girls, expressed, “A student’s transgender status is not an accurate proxy for athletic ability and competitive advantage.” She added that her clients “are thrilled to be able to continue to play on girls’ sports teams with their friends while this case proceeds to trial.”
A similar law in West Virginia was also blocked by a federal appeals court in April, though the state has requested the U.S.A. Supreme Court to allow it to take effect.
In a political context, House Republicans passed a transgender sports ban in April, which was blocked by Senate Democrats. Currently, 24 states have enacted laws that prevent trans students from participating in sports that align with their gender identity.
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