By Jonathan Eberle |

Arizona Senate President Warren Petersen and House Speaker Steve Montenegro announced that Arizona’s legislative leaders have filed amicus briefs in two companion cases before the U.S. Supreme Court: Little v. Hecox (Idaho) and West Virginia v. B.P.J. The cases, expected to be argued this fall, address whether states may preserve the integrity and safety of girls’ and women’s sports by limiting participation to biological females.

Petersen emphasized that the cases offer the Court an opportunity to uphold fairness and safety in female athletics. “These cases give the Court an opportunity to affirm what science and common sense already make clear: biological males hold inherent physical advantages that make women’s athletic competitions unfair and unsafe when they are allowed to participate,” he said.

Speaker Montenegro echoed these sentiments, highlighting Arizona’s legislative action. “Arizona passed the Save Women’s Sports Act to keep competition fair for girls,” he said. “It’s unacceptable that our state’s top lawyer refuses to defend that law. While Attorney General Mayes stands aside, House Republicans are doing the job she won’t—standing up for Arizona’s daughters and every female athlete who trains and competes. The Ninth Circuit sidelined our law; I’m confident the Supreme Court will correct course and affirm what parents and coaches know: girls’ sports are for girls.”

The Save Women’s Sports Act, signed into law in 2022, restricts participation in girls’ athletic events at public schools to biological females. After Attorney General Mayes declined to defend the statute, Republican leaders in the House and Senate intervened in federal court. While the Ninth Circuit recognized the state’s interests in competitive fairness, student safety, and equal athletic opportunities, it left the act enjoined as applied to two transgender, biologically male athletes.

Arizona’s briefs in the Idaho and West Virginia cases urge the Supreme Court to uphold state laws that maintain female-only sports to protect safety, fairness, and equal athletic opportunities. The filings assert that the federal injunction against Arizona’s law has already harmed girls, impacting placements, roster spots, and playing time. They also argue that courts should defer to elected legislatures—rather than unelected athletic bodies—when setting uniform participation standards, particularly in areas involving scientific and medical disputes.

“Girls deserve a level playing field,” Speaker Montenegro said. “House Republicans will continue to vigorously defend Arizona’s law and support states working to keep girls’ sports fair and safe.” The Supreme Court’s rulings in the Idaho and West Virginia cases will likely shape the future of Arizona’s law and similar legislation across the country.

Jonathan Eberle is a reporter for AZ Free News. You can send him news tips using this link.