A federal judge has issued a ruling in a case involving Arizona’s recently passed Save Women’s Sports Act.
On Thursday, Judge Jennifer Zipps, in the United States District Court for the District of Arizona, granted a preliminary injunction against SB 1165, which was signed by former Governor Doug Ducey on March 30, 2022. The law would prohibit biological males from competing in women’s and girls’ athletic events at state public schools, colleges, and universities. Judge Zipps’ order blocks the law from going into effect.
Arizona’s Republican Superintendent of Public Instruction, Tom Horne, released a statement after the judge’s order, vowing to continue his fight to uphold the law. Horne said, “We will appeal this ruling. This will ultimately be decided by the United States Supreme Court, and they will rule in our favor. The Plaintiffs in this case claimed that this only involves pre-pubescent boys, but we presented peer-reviewed studies that show pre-pubescent boys have an advantage over girls in sports. The only expert presented by the Plaintiffs was a medical doctor who makes his money doing sex transition treatments on children and who has exactly zero peer-reviewed studies to support his opinion.”
One of the representatives of the plaintiffs, Justin R. Rassi from Debevoise & Plimpton LLP, lauded the judge’s ruling, writing, “The Court’s well-reasoned decision exposes the lack of any legitimate justification for this discriminatory law, which inflicts severe and irreparable harm on transgender girls like Megan and Jane. We are very happy that, as a result of this ruling, Jane and Megan will be immediately able to resume playing sports with their friends.”
“We are very pleased with the Court’s decision that allows our clients to play on girls’ sports teams while this case proceeds. We look forward to securing a permanent ruling.” -Rachel Berg, NCLR Staff Attorney https://t.co/PTcVs8k3q7pic.twitter.com/5qTndrAtdc
— NCLR – National Center for Lesbian Rights (@NCLRights) July 21, 2023
Judge Zipps found that “the Arizona legislature intentionally created a classification, specifically ‘biological girls,’ that necessarily excludes transgender girls, and expressly allowed only that exclusive classification to play girls sports to the exclusion of transgender girls.” The judge wrote, “Enforcement of the Act in violation of the Equal Protection Clause in and of itself is sufficient to presume irreparable harm to justify a preliminary injunction.”
While Superintendent Horne has taken the primary lead in defending this law, he hasn’t been the only public official to take action in this case. Earlier this year, both Arizona Senate President Warren Petersen and House Speaker Ben Toma filed a Motion to Intervene in the matter. The Senate Republican’s press release highlighted that “on April 17, 2023, plaintiffs represented by a radical organization filed a motion for a preliminary injunction to stop the law from being enforced in Arizona,” and “Attorney General Kris Mayes is not defending the constitutionality of the law.”
At the time of their filing, Petersen said, “In the absence of the Attorney General defending Arizona’s law, we’re looking forward to fighting for the rights of female athletes across Arizona, as well as for the Court making it clear Arizona’s law protecting women and girls should be enforced.”
Daniel Stefanski is a reporter for AZ Free News. You can send him news tips using this link.
Former Gov. Doug Ducey enacted the birth control deregulation that took effect earlier this month, but Gov. Katie Hobbs is taking the credit.
In a press release, Hobbs framed the deregulation as timely on her part considering that “extremists across the country” have been threatening access to contraceptives.
“Reproductive freedom is critical to the individuals and families working hard to create a life for themselves in Arizona,” said Hobbs. “We are building an Arizona for everyone, which means ensuring people across the state have what they need to live a free and healthy life. I will never stop fighting to protect freedoms for Arizonans and standing up to the extremists who threaten access to the basic healthcare our families rely on.”
However, Ducey signed the deregulation into law through SB1082 in 2021. Former State Sen. Michelle Ugenti-Rita, a Republican, introduced the legislation.
Considering the highly politically divided environment we live in and grappling with controversial topics like contraceptives, abortion and prescription authority it was no small feat getting this bill passed and signed into law and doing it with broad bipartisan support to boot.… https://t.co/3DkwlLY3Zr
— Michelle Ugenti Rita (@MichelleUgenti) July 1, 2023
It took several years for Arizona’s regulatory agencies to secure final approval for the deregulation, mainly due to delay on the part of the Arizona State Board of Pharmacy (ASBP). SB1082 directed the Arizona State Board of Pharmacy (ASBP) to work with the Arizona Department of Health Services (AZDHS) to adopt procedural rules for pharmacies to distribute the contraceptives.
During ASBP’s final discussion of rulemaking on the deregulation last month, ASBP Executive Director Kam Gandhi explained that they prioritized other issues.
“We’re just now getting to it, but obviously over the last two, three years, we’ve had other challenges and that was more pressing than hormonal contraceptives,” said Gandhi.
The Governor’s Regulatory Review Council (GRRC) issued the final approval.
Under the deregulation, Arizonans over 18 years old no longer need to secure a prescription in order to buy hormonal birth control or contraceptives. Instead, those seeking the contraceptives will need to receive a blood pressure test and annual screening at the pharmacy. Pharmacists retain the right to refuse to dispense contraceptives if they believe the drug would pose a harm to the patient, or if contraceptives violate their religious or moral beliefs.
Pharmacists are also required to tell the patient when and how to use the contraceptive, the risks associated with the contraceptive, and when to seek medical assistance while taking the contraceptive.
As part of the deregulation, ASBP expanded pharmacists’ continuing education requirements to mandate three hours minimum on hormonal contraceptives prior to receiving a license renewal every two years.
The ASBP discussed implementing the legislation during a Task Force Rule Writing Work Group meeting last September that included Lisa Villarroel with AZDHS and Laura Mercer with the American Congress of Obstetricians and Gynecologists (ACOG).
In drafting the procedural rules, ASBP relied on precedent established by the 21 other states that allow pharmacists to distribute birth control without a prescription. Those states are Arkansas, California, Colorado, Delaware, Hawai’i, Idaho, Illinois, Maryland, Minnesota, Nevada, New Hampshire, New Jersey, New Mexico, North Carolina, Oregon, South Carolina, Utah, Vermont, Virginia, and West Virginia (in their documentation, ASBP recognized the District of Columbia as a state, which made their total 22 states).
The ASBP task force again discussed the rulemaking for the deregulation in February, followed by public comment on the proposed procedural rules in May, and final approval last month.
Corinne Murdock is a reporter for AZ Free News. Follow her latest on Twitter, or email tips to corinne@azfreenews.com.
Gov. Katie Hobbs revoked $50 million in school choice funding awarded by her predecessor, Doug Ducey, calling it “illegal and invalid.”
The funds were used for day-long Empowerment Scholarship Account (ESA) Program kindergarten. Hobbs said that this represented unequal treatment of ESA versus non-ESA students, since the state only funds half-day kindergarten for public school students.
“Illegally giving $50 million to private schools while failing to properly invest in public education is just one egregious example of the previous administration’s blatant disregard for public school students,” said Hobbs. “I will always fight to protect our public schools and work to give every Arizona student the education they deserve. Today, we averted a violation of federal law and the State Constitution. In my administration, we are committed to deploying federal funds lawfully and equitably.”
Today, we held the Ducey Administration accountable for illegally handing out a $50 million ESA grant. Instead, we're going to put that money to good use.
In my administration, we are committed to ESA accountability, protecting taxpayer dollars, and truly investing in public…
— Governor Katie Hobbs (@GovernorHobbs) May 25, 2023
Hobbs claimed the $50 million grant violated multiple provisions of the Arizona Constitution concerning equal protection, the gift clause, and the maintenance of public schools. The governor also claimed that the grant conflicted with terms set by the American Rescue Plan Act (ARPA) in its COVID-19 emergency funding because the grant didn’t address educational disparities it purported to address.
Hobbs said her office plans to reallocate the $50 million elsewhere, though the governor hasn’t publicly announced where. She said she delivered notice to the treasurer’s office for next steps.
In response, Treasurer Kimberly Yee criticized Hobbs’ move as “politically driven and belligerent,” and noted that she had no prior notice of Hobbs’ intent to withdraw the funding until she, like the rest of the public, learned of Wednesday’s press release. Yee also disclosed that her legal team was looking into the legality of Hobbs’ actions.
“As has become the norm for this governor, my office first learned of her action through a press release prior to receiving the letter, and we have yet to receive any communication from the Governor or her team on this matter other than the letter. Our legal team is currently reviewing the lawfulness of the governor’s move and determining next steps,” said Yee.
Yee also claimed that Hobbs’ actions reflected a disregard for educational freedom.
“It is clear Governor Hobbs does not care about what is best for Arizona kids or respect the rights of parents to determine the best environment to educate their child,” said Yee. “Instead, she is using these children as pawns in a desperate and transparent attempt to win back support from union bosses and her ultra-progressive base. Educational choice is the civil rights issue of our time, and unfortunately, Governor Hobbs thinks she knows better than parents. I fundamentally disagree, and so do Arizona families.”
Governor Hobbs has just denied thousands of Arizona kids access to kindergarten through this politically driven and belligerent decision.
— Arizona Treasurer Kimberly Yee (@AZTreasurerYee) May 25, 2023
Daniel Scarpinato, former chief of staff to Ducey and former national press secretary for the National Republican Congressional Committee (NRCC), claimed that Hobbs’ true motive was to improve her publicity over other statewide Democratic officials.
“The real story: Katie Hobbs is kowtowing to her far-left base because other statewide Dems are getting way more publicity than her,” stated Scarpinato. “First she canceled summer school. Now she’s against kindergarten. Hobbs’ record is stacking up, and it’s one that hurts real kids. That’s on her.”
The real story: Katie Hobbs is kowtowing to her far-left base because other statewide Dems are getting way more publicity than her. First she canceled summer school. Now she’s against kindergarten. Hobbs’ record is stacking up, and it’s one that hurts real kids. That’s on her. https://t.co/fn4jp6SzsN
Gov. Katie Hobbs ended the free learning loss summer program established by her predecessor, former Gov. Doug Ducey. The remaining funds intended for Ducey’s program, $37.5 million, will now be doled out at the Hobbs administration’s discretion via grants.
While discussing the termination of Ducey’s summer program, an unnamed Hobbs spokesperson erroneously claimed to ABC15 that the free summer camp program, OnTrack, was designed to be a one-time arrangement. Yet, Ducey promised prior to leaving office that OnTrack would occur once more this summer.
Hobbs announced the grant solicitation last month.
We have launched a new competitive grant solicitation for summer enrichment programming! This $37.5M grant program is available to schools, higher education institutions, nonprofits and community organizations. Find full details on OSPB's website: https://t.co/m6OkYQx3Bh
According to a pre-app solicitation video, the Hobbs administration will prioritize programs that lend themselves to equity-oriented outcomes.
This would include programs that emphasize social-emotional learning (SEL) as well as those targeting students from low-income families, students of color, children with disabilities, English learners, migratory students, students experiencing homelessness, and foster care youth.
The grant process also requires applicants to explain how their program would be “culturally competent” and “gender-responsive”: key words for SEL education. The former refers to acknowledging cultural differences and addressing cultural inequalities; and the latter refers to fixing gender inequalities. Both concepts lend themselves to the greater goal of equity.
Hobbs has committed her administration to advancing equity and social justice. Unlike equality, which proposes equal treatment that may result in unequal outcomes, equity proposes disparate treatment in order to achieve purportedly equal outcomes.
Today is World Day of Social Justice, a day that was created for countries around the world to promote solidarity, equality, and equity. Here in Arizona, I will work to ensure we do that every day. https://t.co/1XVB0FlQsm
Ducey launched the program in March 2022 with $75.3 million in American Rescue Plan Act (ARPA) funds to offset the learning losses and mental health blows caused by COVID-19 pandemic remote learning.
The program funded just under 700 summer camps offering over 110,000 camp opportunities statewide. Over 70,600 students participated in the free program, 68 percent of whom were from Title I schools. Campers reported positive outcomes on 86 percent of learning goals, and those in credit recovery programs earned nearly 5,600 credits.
Arizona OnTrack Summer Camp helped catch our kids up with rigorous, engaging and fun summer learning experiences.
Hobbs’ administration proposed an initial award distribution of 40 percent rural, 20 percent tribal, and 40 percent urban. However, they noted that this allocation structure could be changed to meet internal diversity quotas.
Corinne Murdock is a reporter for AZ Free News. Follow her latest on Twitter, or email tips to corinne@azfreenews.com.
As one of his last acts as governor, Doug Ducey appointed six judges to the Arizona Court of Appeals.
Ducey appointed Michael Catlett, Anni Hill Foster, and Daniel Kiley to Division I, and Lacey Stover Gard, Michael Kelly, and Christopher O’Neil to Division II.
In a press release, Ducey cited the increasing popularity of Arizona as a new home state as the reason for this large slate of appointments.
“These new judges will provide the much needed resources for the Court of Appeals to handle its growing caseload as more and more people choose Arizona as a place to live, work, and start a business,” said Ducey. “Each of these individuals are exceptionally talented and principled. They will faithfully uphold the law, defend the Constitution, and respect the separation of powers. I am proud to have these judges serve the State of Arizona on the Court of Appeals.”
The final year of Gov. @DougDucey’s administration cemented smart policies and solidified transformational achievements. pic.twitter.com/AiFyWYHj2y
Catlett was the former deputy solicitor general under former Attorney General Mark Brnovich. Prior to that, Catlett was a partner at a law firm, Quarles & Brady. Catlett offers pro bono legal services to Paralyzed Veterans of America, the U.S. District Court’s self-represented litigant clinic, and the Ninth Circuit’s pro bono program.
Foster served as Ducey’s general counsel, and formerly served as deputy general counsel. Prior to that, Foster served as general counsel for the Arizona Department of Public Safety, and the assistant attorney general at the attorney general’s office. Foster is involved with the Arizona State Bar and the Maricopa County Bar Association. She also serves as a commissioner for the Arizona Commission on Access to Justice, and volunteered in the past with the Arizona State University (ASU) Law Pipeline Program.
Kiley has been the Maricopa County Superior Court judge for over a decade, currently serving as the presiding judge of the Lower Court and Administrative Appeals Department. Prior to the superior court, Kiley practiced at the law firm Sherman & Howard, and prosecuted for the attorney general’s office. Kiley volunteers currently with Maggie’s Place, a nonprofit for homeless pregnant women, and formerly volunteered with My Sister’s Place, a domestic violence shelter.
Gard has served as a Pinal County Superior Court judge since 2021. Prior to that, Gard worked in the attorney general’s office as deputy solicitor general and chief counsel of the Capital Litigation Section as well as assistant attorney general in the Criminal Appeals Section. Gard also taught at the University of Arizona College of Law.
Kelly comes from the Hollingsworth Kelly law firm. He formerly worked with the Pima County Attorney’s Office as a prosecuting attorney. Kelly volunteers pro bono legal services for Step Up to Justice. He formerly served as a board member for the Southern Arizona Legal Aid organization, which provides free legal services, as well as the Tucson Village Farm, an urban farm support organization.
O’Neil has served as a Pinal County Superior Court judge. Prior to that, O’Neil was a Casa Grande Municipal Court judge, a staff attorney for the Pinal County Superior Court, and then an attorney for the Haralson, Miller, Pitt, Feldman, & McAnally law firm. O’Neil volunteers as City of Casa Grande Youth Soccer League coach, Cactus School Mock Trial Team advisor, and Casa Grande pastor.
Ducey’s work as governor is available on a new archiving site, “The Ducey Years.”
Thank you to all Arizonans for entrusting me with the privilege of being governor of this great state for the past eight years. pic.twitter.com/K2rgzgNMJn
