Arizona Republicans continue to take proactive steps to protect women’s sports.
Arizona Superintendent of Public Instruction Tom Horne recently filed a legal response in the case of Jane Doe, et al. v Thomas C. Horne, et al., asking the federal court to grant his side “an additional 90 days to compile evidence as Plaintiffs did at leisure, and then deny the Motion for Preliminary Injunction.” Horne is seeking to defend an Arizona law that prohibits biological males from competing in women’s and girls’ athletic events at state public schools, colleges, and universities. That law was SB 1165, which was signed by former Arizona Governor Doug Ducey on March 30, 2022.
Superintendent Horne is defending state law against politically driven out of state law firms. Biological males should not be playing competitive sports with biological females. Thank you @icons_women athletes for joining us and fighting for Title IX. https://t.co/adSYXBa2cG
— Arizona Department of Education (@azedschools) May 24, 2023
Horne’s action comes weeks after Arizona Senate President Warren Petersen and House Speaker Ben Toma filed a Motion to Intervene in the proceedings. According to the Senate Republican’s press release, “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.”
The transfer of power from Republican Mark Brnovich to Democrat Kris Mayes in the Attorney General’s Office has forced the Republican-led Arizona Legislature into the lead role when it comes to litigation of federal and state lawsuits. Both Petersen and Toma figure to take many more legal actions over the next year and a half with Democrats occupying the Governor’s and Attorney General’s Office in the Grand Canyon State.
In his most-recent filing to the court, Horne states, “The disruption and the unfairness caused to others by Plaintiffs insisting on unfairly competing against biological girls is undeniable. If the preliminary injunction were to be granted, a number of schools would permit biological males/transgender females to compete against girls. This would be devastating to girls who hope to excel but cannot because they are competing against biological boys and being deprived of scholarships. “
The Republican Superintendent, in his second stint as the state’s top educator, issued the following statement when announcing his filing: “I have sympathy for anybody who feels trapped in the wrong body, but I don’t believe that biological boys should be playing against girls. If there really are no differences between males and females then all sports would already be co-ed.”
Last Wednesday, Horne had joined Marshi Smith, a former University of Arizona swimming star, at a press conference to announce the court filing and to highlight a letter sent to the NCAA from Marsh and dozens of other female athletes in March 2022.
Tune in to Superintendent Horne and women athletes from @icons_women speak about the lawsuit defending Arizona's ban on biological boys playing girls' sports. https://t.co/PyACMfQ3mg
— Arizona Department of Education (@azedschools) May 24, 2023
That letter, also co-signed by Riley Gaines, expresses the ladies’ “anguish” as they watched the 2022 NCAA Swim & Dive Championships earlier in the month. They write that they “feel we are witnessing irrevocable damage to a sport that has transformed our own identities for the better,” charging that “the NCAA has successfully failed everyone by allowing Lia Thomas to compete directly with women.” The female athletes state that they “are eager and willing to discuss directly with the NCAA potential steps it can implement to create new solutions for the expanding athletic family.”
Daniel Stefanski is a reporter for AZ Free News. You can send him news tips using this link.
On Wednesday, Riley Gaines urged Congress to pass Rep. Debbie Lesko’s (R-AZ-08) bill defining a woman.
Gaines is the former University of Kentucky swimmer forced to compete against a biological male who identifies as a transgender woman: Lia, formerly Will, Thomas. Gaines and other swimmers were also made to share private spaces with Thomas, such as locker rooms.
Gaines, who joined Lesko in a press conference on Wednesday, asserted defining the term “woman” was necessary to ensure equal protections under the law.
“Elected bureaucrats and judges and officials and administrators have altered the legal meaning of these sex-based terms to interpret it as they want, and to reflect identity rather than biology, and to require that men and women be treated not just equal but the same,” said Gaines. “The public knows what a woman is, and it’s time that our laws did, too.”
Lesko’s bill defines sex as the biological sex, either male or female, at birth. It also defines women and girls in reference to human females, and man and boy in reference to human males. Likewise, mother is defined as a “parent of the female sex,” and father is defined as a “parent of the male sex.”
“[T]here are important reasons to distinguish between the sexes with respect to athletics, prisons, domestic violence shelters, restrooms, and other areas, particularly where biology, safety, and privacy are implicated,” states the resolution.
Gaines lamented that modern political discourse has come to reckon anyone as “brave” for speaking the truth of biological reality out loud.
“In my mind, I can’t fathom how it is brave to say that men and women are different. I can’t fathom that requires courage. When I think of courage, I think of people on the front lines,” said Gaines.
Lesko noted that in one of her local school districts, two of the board members have fought to prevent boys from gaining access to girls’ bathrooms. However, the board members of the unnamed district were in the minority. Lesko noted that there have been violent assaults and rapes of girls and women in bathrooms by males pretending to be female.
“The left has declared a war on women,” said Lesko. “It is now more important than ever to affirm the biological differences between men and women to protect women’s hard-fought rights and ensure women have spaces reserved for them in society.”
Gaines also stressed that women’s feelings, privacy, safety, and self-esteem were sacrificed to spare the feelings of men suffering from gender dysphoria.
“What mattered to the left was protecting the feelings of a male at the expense of our own,” stated Gaines. “It’s 2023, we have the right to vote as women, we can own property. But we have to plead and beg for privacy in our locker rooms so we’re not violated. And when you do plead and beg, you’re called a ‘bigot,’ you’re called ‘transphobic’ for wanting safety.”
Rep. Andy Biggs (R-AZ-05) has also cosponsored the bill.
The 25 other cosponsors of the bill, titled the Women’s Bill of Rights, are Reps. Diana Harshbarger (R-TN-01), Mary Miller (R-IL-15), Kevin Hern (R-OK-01), Claudia Tenney (R-NY-24), Robert Aderholt (R-AL-04), Andrew Clyde (R-GA-09), Randy Weber (R-TX-14), Michael Guest (R-MS-03), George Santos (R-NY-03), Andrew Ogles (R-TN-05), Virginia Foxx (R-NC-05), Ralph Norman (R-SC-05), Burgess Owens (R-UT-04), Ronny Jackson (R-TX-13), Harriet Hageman (R-WY), Jeff Duncan (R-SC-03), Jake Ellzey (R-TX-06), Jim Banks (R-IN-03), Buddy Carter (R-GA-01), Greg Steube (R-FL-17), Ben Cline (R-VA-06), Doug LaMalfa (R-CA-01), Anna Paulina Luna (R-FL-13), Michael Burgess (R-TX-26), and Brian Babin (R-TX-36). The bill hasn’t gone further than its introduction in February.
Corinne Murdock is a reporter for AZ Free News. Follow her latest on Twitter, or email tips to corinne@azfreenews.com.
