By Matthew Holloway |
Arizona Senate President Warren Petersen (R–LD14) said he believes the U.S. Supreme Court is likely to uphold state laws that protect girls’ and women’s sports, following oral arguments in a closely watched case on whether biological males may compete in female athletic competitions.
Petersen attended oral arguments in West Virginia v. B.P.J. in Washington, D.C., where the Court heard challenges to state-level laws restricting participation in girls’ sports based on biological sex.
“It was an incredible experience to be in the Supreme Court with the justices in the room hearing their arguments,” Petersen said in an interview with AZ Free News following the hearing. “If I’m reading the room, I think we win this six to three.”
Petersen explained that much of the questioning from the Justices centered on the definition of sex under the law, rather than transgender status itself. “What it’s really boiling down to is the definition of sex,” he said. “They’ve conceded that it’s about sex. They’re not even arguing that it’s about transgender status.”
He described a moment during questioning in which Justice Alito pressed attorneys defending the challenge to the laws on how to define the term “woman,” calling the exchange revealing.
Petersen and House Speaker Steve Montenegro (R-LD29) joined the case through an amicus brief in September 2025 after Arizona Democrat Attorney General Kris Mayes declined to defend the Save Women’s Sports Act. Under Arizona statute, that authority shifted to legislative leadership.
“Unfortunately, you have an attorney general who’s not willing to defend our laws,” Petersen said. “But fortunately, the statute gives the Senate President and the Speaker standing. We were able to intervene and defend the law, and we’ve taken it all the way here.”
Petersen characterized the law as “common sense” and said lawmakers felt compelled to see it defended at the highest level.
“This is the same Women’s Sports Act to protect our girls and make sure they have these opportunities,” he said. “This law needed to be defended.”
Beyond athletics, Petersen said the case raises broader questions about state authority and federal overreach. “If they get this wrong, it would be devastating,” he said. “It would mean that your daughters, your granddaughters, your sisters—their chances to compete in sports and be champions—those dreams are shot.”
Petersen noted that while most states have enacted protections for girls’ sports, a Supreme Court ruling striking those laws down nationwide would leave states with no recourse. “At least if they leave it to the states, there would be some safe harbors,” he said. “If they ruled against everybody, there would be nowhere girls could go.”
Critics of the laws argue that they discriminate against transgender individuals. Petersen rejected that framing, saying the laws preserve opportunities while maintaining fairness.
“They still have opportunities,” he said. “They can be part of a co-ed team; they can play with people of the same biological sex or even create their own leagues. What they can’t do is play in biological girls’ sports.”
He added that the issue is necessary and unavoidable, pointing to female athletes who have lost titles and opportunities under policies that allow biological males to compete in girls’ categories.
If the Supreme Court upholds the laws, Petersen said no new legislation would be required in Arizona. “We already have the law,” he said. “We just want the law that we passed to be upheld.”
If the Court issues a narrow or adverse ruling, Petersen said lawmakers may be forced to explore alternative legislative approaches, though he cautioned that a sweeping loss could take years—or longer—to undo.
“That’s why it’s so critical they get it right,” he said. “If they get it wrong, it’s no different than Roe v. Wade. It could be decades, if ever, until it gets fixed.”
The Court is expected to issue its ruling as late as June this year, according to Petersen.
Matthew Holloway is a senior reporter for AZ Free News. Follow him on X for his latest stories, or email tips to Matthew@azfreenews.com.
