By Staff Reporter |
On Tuesday, the U.S. Supreme Court upheld state laws barring males from competing in female sports, even if they identify as female. The ruling drew praise from Arizona’s Republican leaders.
In its opinion in West Virginia v. B.P.J. (inclusive of Little v. Hecox), the high court declared that biology defines sex, not gender identity, when considering federal regulations on sex-based discrimination.
“The term ‘sex’ […] cannot plausibly be interpreted to refer to anything other than biological sex,” stated the ruling.
Arizona participated in the lawsuit through its leaders in the Republican-led state legislature: Arizona Senate President Warren Petersen (LD14) and Arizona House Speaker Steve Montenegro (LD29). The pair filed an amicus brief last September.
Petersen hailed the Supreme Court decision as a “landmark ruling.” In a press release responding to Tuesday’s ruling, Petersen said the ruling represented a win in both the intellectual and moral sense, calling it common sense justice for women and girls.
“Every young woman deserves the opportunity to compete on a level playing field and earn a roster spot, a championship, a record, or a scholarship based on her hard work. Girls shouldn’t have to lose those opportunities because adults are afraid to acknowledge biological reality. That’s not fairness, and it’s not what Title IX was created to do,” said Petersen. “Arizona has been leading on this issue for years, and we were proud to stand with West Virginia and Idaho before the U.S. Supreme Court to defend girls’ sports. Today’s decision makes it clear that states can continue protecting the integrity of women’s athletics and the opportunities generations of women fought so hard to secure. This is a victory for every girl who dreams big, works hard, and deserves the chance to compete fairly.”
Arizona Superintendent of Schools Tom Horne — the lone elected leader to defend in court Arizona’s law prohibiting biological males from participating in female-only sports — declared the ruling a victory for female success and safety in competition. Attorney General Kris Mayes refused to defend the law in court (Jane Doe v. Warren Petersen).
“The news has been full of stories about girls who worked hard on their sports, hoping to make the team, or even earn a college scholarship or qualify for the Olympics. But then they had to compete against biological boys and their advantages in birth in size, speed and strength. The girls’ dreams were shattered and they were devastated,” said Horne. “Girls have also been injured, including a brain injury, from having to compete against larger and stronger males. I am committed to making sure that Arizona schools follow state law protecting girls’ sports.”
Former Gov. Doug Ducey, a Republican, passed the “Save Women’s Sports Act” under the Republican-led state legislature in 2022. In a letter approving the legislation, Ducey called it fair and common sense.
“This legislation simply ensures that the girls and young women who have dedicated themselves to their sport do not miss out on hard-earned opportunities including their titles, standings and scholarships due to unfair competition,” stated Ducey. “This bill strikes the right balance of respecting all students while still acknowledging that there are inherent biological distinctions that merit separate categories to ensure fairness for all.”
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