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Sunday, December 22, 2024

Arizona's ban on boys playing in girls' school sports - everything you need to know

In recent years, the issue of transgender students and school sports is one that many states, parents, schools, and communities have had to grapple with. Arizona is one of 21 states that bans students born as males playing girls sports in school.

Gender dysphoria, as it is known, occurs when someone feels that the gender they identify with does not match the sex they were assigned at birth.

According to the American Psychiatric Association, children do not yet have the ability to fully understand what it means to be a man or a woman. Most children who question their biological sex, says the association, eventually accept it and stop feeling that they identify with the opposite sex.

As of April 21, 2023, there were 29 states that allowed boys to participate in girls’ high school sports.

For Arizonans, this issue is being debated at both the state and federal levels. 

Here is the latest news and commentary on these issues - both in Arizona and in Washington.

Arizona

In Arizona, the debate has centered around two main laws regarding transgender youth athletes. Both were signed into law, but are facing challenges: lawsuits filed by families and an unwillingness by the state's Attorney General to defend those laws in court. 

In April 2022, the Arizona legislature passed two key pieces of legislation related to transgender children: the Save Women's Sports Act and the Arizona's Children Deserve Help Not Harm Act.

Both bills were signed into law by then-Governor Doug Ducey.

Save Women's Sports Act

SB 1165, also known as the Save Women's Sports Act, protects girl's sports by limiting participating only to children born as biological females. 

Republicans argue that the law is necessary to prevent unfair advantages.

Democrats oppose the measure and claim that it discriminates against trans youth athletes.

Arizona's Children Deserve Help Not Harm Act

The second bill signed into law, Arizona's Children Deserve Help Not Harm Act (SB 1138), prohibits "gender reassignment surgery" for minors under 18.

Similar bills have been introduced and debated in over 20 states. 

Republicans have argued that the laws are necessary to prevent minors from making irreversible decisions, but Democrats argue that such decisions should not be illegal and should be made by families and healthcare providers. 

Lawsuit challenge

In April 2023, two families filed a lawsuit to overturn the Save Women's Sports Act - the Arizona law that prevents boys (biological males) from playing in girls' school sports at the K-12 and collegiate levels. 

The head of the American Principles Project has praised the state of Arizona for "taking action in defending the integrity of women's sports." 

However, two sides have emerged in this court battle: the Democratic Attorney General and Republican legislative leaders.

Arizona AG refusal to uphold law

Arizona Attorney General Kris Mayes stated that she will not defend the state's law against a lawsuit challenging it.

The decision has been criticized by some, including former Congressman Lt. Col. Allen West, who called it a violation of the constitutional rights of women.

Intervention by state Republican leaders

Arizona Senate President Warren Petersen and House Speaker Ben Toma are intervening in the lawsuit challenging the state's prohibition on boys participating in girls' sports after Attorney General Kris Mayes announced she will not defend the state law. 

Senate Bill 1165, which prohibits biological males from competing in girls’ sports at the K-12 and collegiate levels, is being challenged by a lawsuit filed on April 18 in the U.S. District Court in Tucson.

Federal

At the federal level, the debate has taken place in the Biden Administration and in Congress.

Biden's proposal

Arizona Superintendent of Public Instruction Tom Horne criticized a proposal suggested by President Biden.

Biden's idea?

He wants to use the federal Title IX law to force schools to allow transgender girls (born as biological males) from participating in girls' sports. 

Horne argues that Biden's proposal would be unfair to girls and is contrary to the original intent of Title IX. 

Arizona law already prohibits biological males from participating in girls' sports in at all school levels, including college. 

Horne has argued that the prohibition is not an LGBT issue and that mixed gender teams could be appropriate for sports where male physical qualities are not an advantage.

The Protection of Women and Girls in Sports Act legislation in Congress

In spring of 2023, Congress debated the Protection of Women and Girls in Sports Act (also known as H.R. 734). The House voted to pass the bill.

The bill would prohibit boys from participating in girls' school sports in the United States. 

Arizona's congressional delegation voted on party lines: Democrats voted against the bill, while Republicans voted in favor. After passage in the House, the bill moved to the Senate, where a companion bill was introduced. President Joe Biden has stated he will veto the bill if passed. 

The bill's supporters argue that allowing biological men to compete in women's sports harms women's rights and safety, while opponents argue that the bill is discriminatory against transgender children.

Public opinion

While national polls show that Americans support Arizona's policies, some celebrities spoke out against it.

A national poll that came out in May 2023 found that more than 6 in 10 Americans support prohibiting trans girls and women from competing in girls' and women's sports. 

In 2023, Phoenix Mercury player Brittney Griner faced criticism from former All-America swimmer Riley Gaines after expressing support for boys participating in girls' school sports. Earlier in 2023, Griner was released from a Russian prison after being arrested on smuggling charges for cannabis oil found in her luggage. 

State-by-state

Which states have banned boys from participating in girls high school sports — and which states still allow it? 

StateYes
AlabamaYes
AlaskaNo
ArizonaYes
ArkansasYes
CaliforniaNo
ColoradoNo
Connecticut*No
DelawareNo
FloridaYes
GeorgiaNo
HawaiiNo
IdahoYes
IllinoisNo
IndianaYes
IowaYes
KansasYes
KentuckyYes
LouisianaYes
MaineNo
MarylandNo
MassachusettsNo
MichiganNo
MinnesotaNo
MississippiYes
MissouriNo
MontanaYes
NebraskaNo
NevadaNo
New HampshireNo
New JerseyNo
New MexicoNo
New YorkNo
North CarolinaNo
North DakotaNo
OhioNo
OklahomaYes
OregonNo
PennsylvaniaNo
Rhode IslandNo
South CarolinaYes
South DakotaYes
TennesseeYes
TexasYes
UtahYes
VermontNo
VirginiaNo
WashingtonNo
West Virginia**Yes
WisconsinNo
WyomingNo

* 2022: Federal appeals court rejects challenge to Connecticut's policy allowing boys to participate in girls' sports.

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