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
School & District Management Webinar
Too Many Initiatives, Not Enough Alignment: A Change Management Playbook for Leaders
Learn how leadership teams can increase alignment and evaluate every program, practice, and purchase against a clear strategic plan.
Content provided by Otus
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
Artificial Intelligence Webinar
Beyond Teacher Tools: Exploring AI for Student Success
Teacher AI tools only show assigned work. See how TrekAi's student-facing approach reveals authentic learning needs and drives real success.
Content provided by TrekAi
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
College & Workforce Readiness Webinar
Building for the Future: Igniting Middle Schoolers’ Interest in Skilled Trades & Future-Ready Skills
Ignite middle schoolers’ interest in skilled trades with hands-on learning and real-world projects that build future-ready skills.
Content provided by Project Lead The Way

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 Appeals Court Allows Louisiana Ten Commandments Displays to Proceed
The court said it was premature to rule on the constitutionality of La. Ten Commandments displays.
3 min read
Students work under Ten Commandments and Bill of Rights posters on display in a classroom at Lehman High School in Kyle, Texas, Thursday, Oct. 16, 2025.
Students work under Ten Commandments and Bill of Rights posters on display in a classroom at Lehman High School in Kyle, Texas, Oct. 16, 2025. A federal appeals court has lifted a lower-court injunction blocking a Louisiana law that requires Ten Commandments displays, clearing the way for the law to take effect.
Eric Gay/AP
Law & Courts Social Media Companies Face Legal Reckoning Over Mental Health Harms to Children
Some of the biggest players from Meta to TikTok are getting a chance to make their case in courtrooms around the country.
6 min read
Social Media Kids Trial 26050035983057
Meta CEO Mark Zuckerberg leaves court after testifying in a landmark trial over whether social media platforms deliberately addict and harm children, on Feb. 18, 2026, in Los Angeles.
AP Photo/Damian Dovarganes
Law & Courts Supreme Court Strikes Trump Tariffs in Case Brought by Educational Toy Companies
Two educational toy companies were among the leading challengers to the president's tariff policies
3 min read
Members of the Supreme Court sit for a new group portrait following the addition of Associate Justice Ketanji Brown Jackson, at the Supreme Court building in Washington, Oct. 7, 2022. Bottom row, from left, Associate Justice Sonia Sotomayor, Associate Justice Clarence Thomas, Chief Justice of the United States John Roberts, Associate Justice Samuel Alito, and Associate Justice Elena Kagan. Top row, from left, Associate Justice Amy Coney Barrett, Associate Justice Neil Gorsuch, Associate Justice Brett Kavanaugh, and Associate Justice Ketanji Brown Jackson.
Members of the U.S. Supreme Court sit for a new group portrait following the addition of Justice Ketanji Brown Jackson, at the court building in Washington, Oct. 7, 2022. On Feb. 20, 2026, the court ruled 6-3 to strike down President Donald Trump's broad tariff policies, ruling that they were not authorized by the federal statute that he cited for them.
J. Scott Applewhite/AP
Law & Courts Mark Zuckerberg Quizzed on Kids' Instagram Use in Landmark Social Media Trial
The Meta chief testified in a court case examining whether the company's platforms are addictive and harmful.
5 min read
Meta CEO Mark Zuckerberg arrives for a landmark trial over whether social media platforms deliberately addict and harm children, Wednesday, Feb. 18, 2026, in Los Angeles.
Meta CEO Mark Zuckerberg arrives at a federal courthouse in Los Angeles on Feb. 18, 2026. Zuckerberg was questioned about the features of his company's platform, Instagram, and about his previous congressional testimony.
Ryan Sun/AP