Law & Courts

Court Upholds Injunction on Arizona Transgender Sports Ban for Young Athletes

By Mark Walsh — September 09, 2024 3 min read
Arizona State Superintendent of Public Instruction Tom Horne, left, a Republican, takes the ceremonial oath of office from Arizona Supreme Court Chief Justice Robert Brutinel, right, as wife Carmen Horne, middle, holds the bible in the public inauguration ceremony at the state Capitol in Phoenix, Thursday, Jan. 5, 2023.
  • Save to favorites
  • Print

A federal appeals court on Monday ruled in favor of two prepubescent transgender female athletes seeking to play girls’ sports in school, agreeing with a lower court that there are no significant athletic differences between boys and girls before puberty.

The three-judge panel of the U.S. Court of Appeals for the 9th Circuit, in San Francisco, upheld an injunction that partially blocks an Arizona law barring transgender women and girls from college and school sports.

The injunction applies only to the two challengers as the case is litigated. One is identified in court papers as Jane Doe, an 11-year-old transgender girl who takes a puberty blocker and seeks to play on her middle school’s girls soccer and basketball teams as well as the coed cross-country team. The other is identified as Megan Roe, a 15-year-old who has taken puberty blockers for four years and seeks to play on her private high school’s girls volleyball team.

In Doe v. Horne, the 9th Circuit panel noted “that standards governing transgender participation in sports are evolving” but that the district court had found based on expert testimony that the “biological driver of average group differences in athletic performance between adolescent boys and girls is the difference in their respective levels of testosterone, which only begin to diverge significantly after the onset of puberty.”

Thus, the lower court found that transgender girls such as Doe and Roe, who begin puberty-blocking medication and hormone therapy at an early age, “do not have an athletic advantage over other girls.”

The district court’s findings were “firmly grounded in evidence,” and the judge “did not clearly err by finding that there are no significant differences in athletic performance between prepubescent boys and girls,” Judge Morgan Christen, an appointee of President Barack Obama, wrote for the panel.

(The other members of the panel were Senior Circuit Judge M. Margaret McKeown, an appointee of President Bill Clinton, and Senior District Judge David A. Ezra, an appointee of President Ronald Reagan.)

Appeals court backs injunction on basis of equal protection

At issue in the case is Arizona’s Save Women’s Sports Act, passed in 2022 and similar to numerous measures in other states. The law bars male and transgender female students from participating in women’s and girls’ sports, though state law had already barred men and boys from such participation.

The law was challenged by Doe and Roe and their parents under the 14th Amendment’s equal-protection clause and Title IX of the Education Amendments of 1972, which bars sex discrimination in federally funded educational programs.

The district court granted the injunction blocking the Arizona law with respect to the two challengers based on both equal protection and Title IX. The 9th Circuit upheld the injunction based only on the equal protection clause.

The appeals court said the state law does not afford transgender women and girls equal athletic opportunities because it permits cisgender women and girls to play on any teams, male or female, while transgender women and girls may play only on male teams. The law also permits all students other than transgender women and girls to play on teams consistent with their gender identities, the court said.

“Transgender women and girls alone are barred from doing so,” Christen said. “This is the essence of discrimination.”

Although the court did not rule on Title IX, it suggested the state defendants might have justifiable arguments on their claim that the state lacked clear notice from Congress that excluding transgender women and girls from female sports violates the statute. The defendants can press that argument as the full litigation over the state law proceeds, the court said.

The court also emphasized that its decision did not bar policymakers from adopting “appropriate regulations in this field.”

“States have important interests in inclusion, nondiscrimination, competitive fairness, student safety, and completing the still unfinished and important job of ensuring equal athletic opportunities for women and girls, who must have an equal opportunity not only to participate in sports but also to compete and win,” Christen said.

Events

This content is provided by our sponsor. It is not written by and does not necessarily reflect the views of Education Week's editorial staff.
Sponsor
Professional Development Webinar
Grow Leaders, Keep Teachers: Leadership Development as a Staffing Strategy
Find out how to turn leadership development into a staffing strategy and grow your next generation of school leaders from within.
Content provided by Frontline Education
This content is provided by our sponsor. It is not written by and does not necessarily reflect the views of Education Week's editorial staff.
Sponsor
Teaching Webinar
Closing the Practice Gap: Essential Insights for Leaders
Three instructional experts will share strategies for making students’ reading and math practice more engaging and impactful this year.
Content provided by Renaissance
This content is provided by our sponsor. It is not written by and does not necessarily reflect the views of Education Week's editorial staff.
Sponsor
School & District Management Webinar
The Principal's Role in Collective Efficacy and Student Outcomes
Learn practical strategies that help principals translate their confidence into stronger collective teacher efficacy and student outcomes.
Content provided by Otus

EdWeek Top School Jobs

Teacher Jobs
Search over ten thousand teaching jobs nationwide — elementary, middle, high school and more.
View Jobs
Principal Jobs
Find hundreds of jobs for principals, assistant principals, and other school leadership roles.
View Jobs
Administrator Jobs
Over a thousand district-level jobs: superintendents, directors, more.
View Jobs
Support Staff Jobs
Search thousands of jobs, from paraprofessionals to counselors and more.
View Jobs

Read Next

Law & Courts Teens Drop Lawsuit Against Trump's Trans Sports Order After Supreme Court Ruling
The Supreme Court last month upheld state bans on transgender girls in school sports.
4 min read
Two teens challenging New Hampshire's new law banning transgender girls from girls' sports teams, Parker Tirrell, third from left, and Iris Turmelle, sixth from left, pose with their families and attorneys in Concord, N.H., Aug. 19, 2024.
Parker Tirrell, third from left, and Iris Turmelle, sixth from left, pose with their families and attorneys in Concord, N.H., Aug. 19, 2024. The teens initially sued over New Hampshire's law banning transgender girls from school sports teams, and later expanded their lawsuit to challenge President Donald Trump's February 2025 executive order threatening to withhold federal funds from schools that allow transgender girls to join girls' sports teams. They've since withdrawn the legal challenge following a Supreme Court ruling allowing states to ban transgender girls from sports under Title IX.
Holly Ramer/AP
Law & Courts What Schools Need to Know About the Supreme Court’s Transgender Sports Ruling
The justices upheld two state laws that bar transgender girls from participating in female sports.
10 min read
A group prays outside of the Supreme Court ahead of the court's ruling on whether transgender girls and women can play on school athletic teams, on June 30, 2026, on Capitol Hill in Washington.
A group prays outside of the U.S. Supreme Court ahead of the court's ruling on whether transgender girls and women can play on school athletic teams, on June 30, 2026, in Washington. The court upheld two state laws barring transgender girls from joining girls' school sports teams.
Jose Luis Magana/AP
Law & Courts Judge Voids Trump Admin. Rule Excluding Education From ‘Professional’ Degrees
A judge ruled the agency didn't have the authority to adopt such a narrow definition.
4 min read
Graduates in the School of Education hold up books as their degrees are conferred during Harvard's 371st Commencement, on May 26, 2022, in Cambridge, Mass.
Graduates in the School of Education hold up books during Harvard's 371st Commencement on May 26, 2022, in Cambridge, Mass. The Trump administration excluded education fields when it set a definition of "professional" degree to implement a new law instituting graduate student borrowing limits.
Mary Schwalm/AP
Law & Courts Opinion How State Courts Are Quietly Shaping U.S. Education
In education, the real action is often at the state level, not in Washington, explains Derek Black.
8 min read
The United States Capitol building as a bookcase filled with red, white, and blue policy books in a Washington DC landscape.
Luca D'Urbino for Education Week