by Daniel Stefanski | Aug 3, 2023 | Education, News
By Daniel Stefanski |
Arizona’s Republican Legislative leaders are continuing to defend the integrity of women’s sports in federal court.
On Tuesday, Arizona Senate President Warren Petersen and House Speaker Ben Toma filed an emergency motion with the U.S. Court of Appeals for the Ninth Circuit after a federal district judge blocked the ‘Save Women’s Sports Act’ from going into effect.
In their motion, the legislators wrote, “Under the district court’s preliminary injunction order, ‘the [Save Women’s Sports] Act shall not prevent Plaintiffs from participating in girls’ sports’ and ‘Plaintiffs shall be allowed to play girls’ sports at their respective schools.’ Any success by Plaintiffs in try-outs and meets will displace biological girls from making a team, getting playing time, and succeeding in final results. Biological girls will be irreparably harmed if they are displaced by, forced to compete against, or risk injury from Plaintiffs.”
Petersen released the following statement to accompany the announcement of his latest action in court over this issue: “Not only science, but common sense clearly supports the fact that in general, boys are bigger and stronger than girls at all stages of life. Expecting them to compete against each other in athletic competition is reckless, irresponsible and will subject girls to increased risk for injury. It’s unfortunate young girls in our public schools will face these heightened dangers while participating in sports competition against boys and lose out on athletic opportunities because this law is on hold. What’s even more disheartening is our Attorney General has no desire to protect our female athletes, prompting myself and Speaker Toma to do her job for her. I’m confident our judicial system will agree with the protections we’re fighting for so that all young women and girls in Arizona will have the opportunity to compete on an even playing field.”
Speaker Ben Toma issued a short comment on Twitter, posting, “We filed an emergency motion asking the 9th Circuit to allow Arizona’s Save Women’s Sports Act to remain in effect pending appeal & the Court set an expedited schedule. The district court’s ruling is wrong; it has harmful, real-world consequences for female athletes.”
Last month, Judge Jennifer Zipps granted a preliminary injunction against SB 1165, the Save Women’s Sports Act, which blocked the law from going into effect. Arizona’s Republican Superintendent of Public Instruction Tom Horne, the defendant in the case, promised to appeal the ruling, saying, “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.”
The latest Motion from Petersen and Toma follows a series of actions they have taken in this legal matter occurring in federal court. Earlier this year, they filed a Motion to Intervene, highlighting that because “Attorney General Kris Mayes is not defending the constitutionality of the law,” they were taking this step. Petersen said at the time, “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.
by Daniel Stefanski | Jul 12, 2023 | News
By Daniel Stefanski |
Arizona’s Republican Legislative Leaders continue to fight in federal court on behalf of state laws.
On Monday, House Speaker Ben Toma and Senate President Warren Petersen filed an amicus brief for the case Toomey v. State of Arizona, seeking “to protect Arizona’s recently-enacted statute prohibiting gender reassignment surgeries for minors.”
In a statement about the amicus brief, Speaker Toma said, “Although Governor Hobbs and I may disagree on matters of policy, state statute prevails over any statements or executive orders from the Governor. Given that Arizona law prohibits gender reassignment surgeries for anyone under 18, Governor Hobbs cannot expressly or implicitly undo Arizona’s statutory prohibition, through litigation or otherwise. It was critical that the legislature provide this important perspective, which the parties neglected to address in their proposed settlement.”
According to the release issued by Speaker Toma about the submission of the court filing, the amicus brief “seeks to protect Arizona’s statutory mandate by encouraging the court to narrowly interpret the governor’s executive order to avoid a conflict with current law, and it also urges the court to reject the parties’ unreasonable agreement to award $500,000 in taxpayer monies for the plaintiffs’ attorney’s fees.”
The Speaker’s release added that Hobbs’ recent Executive Order, which requires “the state employee health care plan to cover gender reassignment surgeries,” made “no mention of A.R.S. 32-3230, a law that the legislature passed and was signed last year by then-Governor Ducey which prohibits irreversible gender reassignment surgeries for minors.”
That law was the result of SB 1138, which was sponsored by Petersen in 2022. In a letter to then-Secretary of State Hobbs, Ducey wrote, “Distinguishing between an adult and a child in law, as this bill does, is not unique. Throughout law, children are protected from making irreversible decisions, including buying certain products or participating in activities that can have lifelong health implications. These decisions should be made when an individual reaches adulthood. Further, many doctors who perform these procedures on adults agree it is not within the standards of care to perform these procedures on children. The irreversible nature of these procedures underscores why such a decision should be made as an adult, not as a child, and further supports the importance of this legislation.”
Last month, Hobbs signed three Executive Orders that generated significant controversy, including the one in focus for Toma and Petersen’s amicus brief. After the governor’s action, Petersen tweeted, “Instead of helping struggling AZ families plagued by inflation, the governor just issued an order for taxpayers to cover the cost of elective, sex reassignment surgeries. This illegal, out of touch, unprecedented overreach did not receive proper JLBC review as required by law.”
Daniel Stefanski is a reporter for AZ Free News. You can send him news tips using this link.
by Corinne Murdock | Jul 7, 2023 | News
By Corinne Murdock |
Arizona House Speaker Ben Toma (R-LD27) told Gov. Katie Hobbs to rescind her executive order banning conversion therapy for minors.
In a letter sent on Monday, Toma advised Hobbs that the order was likely unconstitutional since it wasn’t enacted via the legislature. Toma further warned that the order could violate the Parent’s Bill of Rights as well as the Arizona Constitution.
“Although other states have enacted laws banning conversion therapy, those states have that policy choice through the legislative choice. Your executive order is an improper exercise of your authority,” stated Toma. “The far-reaching mandates of your executive order also threatens to violate the Parents’ Bill of Rights […] and Arizonans’ constitutional rights, including patients’ rights to freely speak with their therapists[.]”
Toma further criticized the governor for her definition of “conversion therapy,” which he asserted was “unprecedented, vague, unintelligible, and unenforceable.” The main reason for this, Toma asserted, was because Hobbs’ team came up with it themselves.
“[T]he executive order’s ban on ‘conversion therapy’ is a ban defined by your administration alone — bearing no resemblance to the laws of other states,” stated Toma. “State agencies directed to implement your executive order cannot even begin to understand what constituted a banned ‘conversion therapy.’”
In one of two executive orders related to LGBTQ+ issues last week, Hobbs banned state or federal resources to promote, support, or enable any conversion therapy. The governor defined conversion therapy as the following:
“‘Conversion therapy’ means any practice or treatment that seeks or purports to change an individual’s non-heteronormative sexual orientation or non-cisgender identity, including efforts to change behaviors or gender expression, under the false premise that homosexuality and gender-diverse identities are pathological. This does not include gender-affirming care.”
The states that banned conversion therapy through legislative statute are New Jersey, California, Oregon, Illinois, Vermont, New Mexico, Connecticut, Rhode Island, Nevada, Washington, Hawaii, Delaware, Maryland, New Hampshire, New York, Massachusetts, Colorado, Maine, Utah, Virginia, Michigan, Minnesota, North Carolina, Wisconsin, and Pennsylvania enacted conversion therapy bans via executive orders.
Federal courts in Florida have twice ruled against similar bans — in November 2020 in February — as unconstitutional under the First Amendment.
In her executive order, Hobbs cited general consensus from the American Medical Association, American Academy of Pediatrics, American Psychological Association, American Psychiatric Association, American Academy of Child and Adolescent Psychiatry, American Counselor Association, and the National Association of Social Workers that conversion therapy poses a danger to minors.
The governor also cited a duty to use taxpayer funds on fiscally sound, safe, credited, effective, and evidence-based practices.
The other executive order expanded state employee health care plans to cover gender transition surgery.
Corinne Murdock is a reporter for AZ Free News. Follow her latest on Twitter, or email tips to corinne@azfreenews.com.
by Daniel Stefanski | Apr 17, 2023 | News
By Daniel Stefanski |
Days after an AZ Free News report about Arizona’s largest county possibly taking steps toward compliance with extremely onerous environmental measures from the federal government, Republicans in the State Legislature announced their own move to counter these – and other – actions.
On Friday, the Arizona Senate and House Leadership teams announced the launch of “a study committee to examine recent local efforts attempting compliance with air quality standards set forth by the federal government.”
The committee, entitled the Joint Legislative Ad Hoc Committee on Air Quality and Energy, will meet to “gather information from experts and the public about local recommendations on rulemaking determinations by the Environmental Protection Agency (EPA) on ozone nonattainment.” Per the press release from the Legislature, the committee “will hear testimony and consider evidence on every angle, from sources of ozone and efforts to mitigate such sources, to the impacts of these mandates on Arizona families, workers, industries, consumer products and the economy, as well as the practicality of achieving recommended proposals and a variety of other issues deemed relevant to the investigation.”
Senate President Warren Petersen and House Speaker Ben Toma will each appoint five members to the committee. Two members have already been selected as the committee’s co-chairs: Senator Sine Kerr and Representative Gail Griffin, who are also chairs of the Senate and House Committees on Natural Resources, Energy and Water.
The two co-chairs of the committee issued comments in conjunction with Friday’s announcement. Senator Kerr stated: “While we strive to be proactive in protecting our environment, we certainly won’t blindly implement air quality policy dictated by the federal government without thorough investigation. We want to make sure the EPA’s requirements are realistic and won’t cause hardships for our residents, for our economy, or infringe on freedoms, as with what has so far transpired in California.”
And Representative Griffin said, “Arizona has natural occurrences of ozone such as from native vegetation and wildfires that we have absolutely no control over. We also receive significant ozone transports from Mexico and other states that need to be accounted for in federal models. We all want clean air, and I am looking forward to working with everyone on solutions.”
As AZ Free News reported on April 6, The Maricopa Association of Governments (MAG) recently contracted with a California-based consulting firm to “identify and evaluate new and available ozone precursor control measures that could be implemented within the nonattainment area” – which is an “eight-hour ozone boundary for the 2015 ozone standard (2015 National Ambient Air Quality Standard),” following a little-discussed published rule from the EPA in fall 2022, which moved “the region up the severity ladder for ozone pollution, reclassifying the region from ‘marginal’ to ‘moderate’ nonattainment for the ozone pollution standard.”
The consultant’s Final Report this spring suggested “approximately 50% reduction in nonattainment area anthropogenic NOx and VOC emissions” in order to bring the region into compliance with the EPA’s standard by an August 3, 2024, deadline.
To meet this deadline, suggested measures were included to reduce ozone in the Maricopa Nonattainment Area to meet Clean Air Act requirements related to the 2015 ozone standard. Some of the suggested measures include adopting standards similar to California like banning the internal combustion engine, banning gas appliances, and a host of regulations on various business activities.
There is a tight turnaround for approval of these drastic measures to cut emissions in Maricopa County. Before the end of April, the “MAG Regional Council may approve the Draft Suggested List of Measures” after receiving recommendations from the MAG Management Committee. Then, over this summer, “implementing entities provide commitments to implement measures, or reasoned justification for non-implementation, to MAG for inclusion in a nonattainment area state implementation plan submission to EPA.”
Daniel Stefanski is a reporter for AZ Free News. You can send him news tips using this link.
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