Federal Judge Blocks Arizona Save Women’s Sports Act

Federal Judge Blocks Arizona Save Women’s Sports Act

By Daniel Stefanski |

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.”

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.

Federal Judge Blocks Arizona Save Women’s Sports Act

Petersen And Toma Defend “Save Women’s Sports Act” In Court

By Daniel Stefanksi |

As budget negotiations between Democrat Governor Katie Hobbs and the Republican leaders of the Arizona Legislature continue to inch closer toward a summer deadline, the Senate President and Speaker of the House are finding other endeavors to do the people’s business.

On Monday, the Arizona State Senate Republican Caucus announced an action taken by President Warren Petersen “to defend the Save Women’s Sports Act in court.”

That action was a Motion to Intervene in the case of Jane Doe, et al. v Thomas C. Horne, et al., which Petersen and Speaker Ben Toma filed in the United States District Court for the District of Arizona Tucson Division “to protect a state law banning biological males from competing in women’s and girls’ athletic events at Arizona public schools, colleges and universities.” The newly enacted policy was SB 1165, which was signed into law by former Arizona Governor Doug Ducey on March 30, 2022.

Petersen released the following quote to accompany the news of his court filing: “Senate and House Republicans stand in solidarity to protect women and girls from the injustices being attempted against them by the extreme left. Female athletes deserve equal opportunities in sporting events, which will not happen so long as males are allowed to compete against them. Science is clear that male athletes have many inherent physical advantages over females, including greater size, stronger muscles and larger bone structure. By allowing males to compete against females, we’re essentially subjecting young girls to greater risk of injury, as well as stripping them of athletic opportunities their female predecessors have long fought for. 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.”

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 legislative generals 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.

Daniel Stefanski is a reporter for AZ Free News. You can send him news tips using this link.