Grand Canyon Times

Arizona Superintendent of Public Instruction Tom Horne has submitted public comments in opposition to the Biden Administration's newly proposed rule that would amend Title IX to forbid U.S. schools and colleges that receive federal funding from enacting bans on boys participating in girls' sports. 

“The proposed rule submitted by the U.S. Department of Education would decimate girls’ sports in public schools and is contrary to the original intent of Title IX to provide a level playing field for women and girls to participate in team sports,” said Horne’s comments. “Leaving the decision to schools will result in those with ideological school boards permitting stronger boys to compete against girls.”

“The rule is also in conflict with Arizona law. Arizona Revised Statutes 15-120.02 prohibits biological males from participating in girls’ sports,” wrote Horne.

The Grand Canyon Times reported last month that Arizona is one of 21 states to ban boys from playing  girls’ high school sports. In March 2022, then-Gov. Doug Ducey (R-Ariz) signed into law SB 1165, which prohibits biological males from competing in girls’ sports at the K-12 and collegiate levels.

Horne’s comments in opposition to the proposed Biden rule said “this is not an LGBT issue.”

“When I was in the Arizona legislature, I voted for every bill to extend civil rights to LGBT people,” wrote Horne. “But permitting biological boys to compete in girls’ sports is extremely unfair, and in some cases, devastating to girl competitors.”

“There are numerous news articles about girls who worked hard to excel in their sports, and then were devastated when they could not excel because they had to compete against biological boys, who have the advantage of male muscle mass and bone structure,” wrote Horne. “If there were a sport for which male physical qualities were not an advantage, there would be no reason to divide boys from girls’ sports and they could have a mixed gender team.”

“Where mixed teams are not appropriate because boys have an advantage, boys’ teams need to be for biological males, and girls’ teams for biological females," said his comments. "The whole reason we divide boys’ from girls’ sports is because of the male advantage in muscle mass and bone structure. Making girls compete against that is a major injustice.”

As of publication time, there are 29 states that still allow boys to participate in girls’ high school sports: Alaska, California, Colorado, Connecticut, Delaware, Georgia, Hawaii, Illinois, Maine, Maryland, Massachusetts, Michigan, Minnesota, Missouri, Nebraska, Nevada, New Hampshire, New Jersey, New Mexico, New York, North Carolina, Ohio, Oregon, Pennsylvania, Rhode Island, Vermont, Virginia, Washington and Wisconsin.      

A lawsuit challenging Arizona's law was filed last month in the U.S. District Court in Tucson. When Arizona Attorney General Kris Mayes announced that she would not defend the state law, Horne announced he was hiring his own legal team to defend against the lawsuit in court. 

On May 4, Horne announced that his department’s attorneys filed a motion for change of venue in the lawsuit. 

“The suit was filed in U.S. District Court in Tucson,” said an Arizona Department of Education press release. “The motion to change venue notes that since the majority of parties involved in the lawsuit are based in Maricopa County, the case should be argued at the federal courthouse in Phoenix.” 

Horne (R) was elected to serve as the Arizona Superintendent of Education in November 2022. He defeated incumbent Kathy Hoffman (D), winning 50 percent to Hoffman’s 49 percent. 

This is Horne’s second stint as Superintendent of Education, having also served in the position from 2003 to 2011. He also served as Arizona Attorney General from 2011-2015, and in the Arizona House of Representatives from 1996-2001, chairing the Academic Accountability Committee and served as vice-chair of the Education Committee. 

Horne graduated Magna cum laude from Harvard College and with honors from Harvard Law School. His wife of 47 years, Martha, died in 2019, and they had five children together.