by Staff Reporter | Jul 10, 2026 | Education, News
By Staff Reporter |
Arizona’s “Save Women’s Sports Act” no longer faces a court challenge following a Supreme Court ruling.
Last month, the U.S. Supreme Court ruled in West Virginia v. B.P.J. (inclusive of Little v. Hecox) that states have a constitutional right to enact laws restricting single-sex sports participation on biological sex. The court ruling affirmed that biology, not gender identity, defines sex when considering federal regulations on sex-based discrimination.
The Save Women’s Sports Act went into effect in 2022 under SB 1165. The law requires K-12 students to play on sports teams aligning with their biological sex.
The following spring, the families of two boys who identify as transgender girls sued State Superintendent of Public Instruction Tom Horne in Doe v. Horne. The boys who filed were, at the time, an 11-year-old middle schooler in Maricopa County identified as “Jane Doe” and a 15-year-old high schooler in Pima County identified as “Megan Roe.”
Roe, now identified as Grey Picciano, dropped out of the case upon graduating high school, and until this week only Doe remained in the case.
The two youths had alleged the law was unconstitutional under the Fourteenth Amendment’s Equal Protection Clause, Title IX, the Americans with Disabilities Act, and the Rehabilitation Act since they had either not undergone puberty or were taking puberty blockers.
The Tucson division of the Arizona District Court blocked the state law in July 2023, and the Ninth Circuit Court of Appeals upheld that ruling in 2024.
Horne celebrated the lawsuit’s dismissal in a press release announcement, bringing to close a three-year court battle in which Horne ultimately held the line on Arizona’s law.
“There had been numerous articles about girls who worked hard on their sports, hoping to make the team, or even get a college scholarship or compete for the Olympics. Then they had to compete with a biological boy who was bigger, stronger and faster from birth,” said Horne. “They could not compete. Their dreams were shattered and they were devastated. They no longer need to fear those outcomes.”
Horne also pointed out that, of all those named as defendants in the original lawsuit, only his office remained three years later. Attorney General Kris Mayes reportedly declined to represent Horne in the case. Horne contracted the services of Wilenchik Law Firm to represent him.
An attorney behind the lawsuit to stop Arizona’s law, Rachel Berg, senior staff attorney with the National Center for LGBTQ Rights (NCLR), told Capitol Media Services that it was Doe’s decision to dismiss the lawsuit.
“[O]ur client has decided for personal reasons that she does not want to continue with the litigation,” said Berg.
In a statement last week responding to the Supreme Court ruling, Berg claimed state laws restricting participation in single-sex sports based on biological sex would lead to institutions checking the gender of participants should they appear to be physically above average.
“Blanket bans on transgender girls playing school sports invite anyone to call for a ‘gender check’ on any girl who wants to play sports if they think she is ‘too tall’ or ‘too strong,’” said Berg. “Local schools and sports associations should be handling this issue, not politicians.”
Including the dismissed case, NCLR has filed five cases challenging Arizona laws and policies which allegedly impose unlawful discriminations against individuals who identify as transgender.
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by Ethan Faverino | Feb 25, 2026 | Education, News
By Ethan Faverino |
The Arizona House of Representatives passed HCR 2003, the Protect Girls’ Sports in Arizona Act, on February 23, 2026, in a vote of 32 ayes to 25 nays.
Sponsored by Rep. Selina Bliss (R-LD1), the measure now advances to the Arizona Senate. If approved by the Senate, it would refer the proposed law to Arizona voters for consideration on the November 2026 general election ballot.
HCR 2003 seeks to require schools and athletic associations to designate interscholastic and intramural athletic teams or sports as “males/men/boys,” “females/women/girls,” or “coeducational/mixed,” based on an individual’s biological sex as recorded at birth on the original birth certificate. Teams designated for females would not be open to biological male athletes.
The resolution also includes stronger privacy protections, prohibiting schools and athletic associations from authorizing individuals to use restrooms, locker rooms, shower rooms, or other private athletic facilities not designated for their biological sex, effective January 1, 2027.
The measure restores and strengthens elements of Arizona’s 2022 Save Women’s Sports Act (SB 1165), which faced partial blocks by the Ninth Circuit Court of Appeals, creating uncertainty for schools, families, and athletes.
“Today the House acted to protect fair competition for girls across Arizona,” stated Rep. Bliss. “Women’s sports were created because biological differences matter. When those differences are ignored, girls lose roster spots, scholarships, and opportunities they earned. HCR 2003 gives voters the chance to protect female athletes and establish clear, durable rules for schools.”
Additional provisions of the proposed law include:
- Allowing athletes to participate on teams aligned with their biological sex or on coeducational teams.
- Prohibiting government entities, licensing organizations, accrediting bodies, or athletic associations from taking adverse action against schools or associations that maintain separate teams for female athletes.
- Providing a private cause of action for athletes deprived of opportunities or harmed by violations, including for injunctive relief, damages (including for psychological, emotional, or physical harm), attorney fees, and costs.
- Protecting against retaliation for reporting violations, with similar legal remedies available.
- Applying to public and qualifying private schools serving K-12.
“Court rulings have created uncertainty for schools and families,” Rep. Bliss added. “This referral allows Arizona voters to decide whether girls’ sports should remain for girls. It protects privacy in locker rooms and showers and restores clarity statewide.”
HCR 2003 now heads to the Arizona Senate for further consideration. If approved, it will be on this year’s general election ballot.
Ethan Faverino is a reporter for AZ Free News. You can send him news tips using this link.
by Daniel Stefanski | Oct 22, 2024 | News
By Daniel Stefanski |
Arizona Republicans continue to fight to protect the integrity of women’s sports.
Last week, Arizona Senate President Warren Petersen, House Speaker Ben Toma, and Superintendent of Public Instruction Tom Horne filed a cert petition at the Supreme Court of the United States, asking the nation’s high court to accept a case to decide the fate of the state’s Save Women’s Sports Act, which was signed into law in 2022.
“We cannot remain silent and allow these wrongs against women and girls to continue. We must stand up and fight to protect our daughters, nieces, sisters, and granddaughters from bigger and stronger males who are claiming their identities, their private spaces, their sports, and are putting their safety at risk,” said Petersen. “What’s even more disheartening is that we have a Democratic Governor and Attorney General that claim to support women, but they refuse to keep boys out of girls’ sports. Republicans stand in solidarity to defend women and girls, and I’m confident the U.S. Supreme Court will make it clear- Arizona’s Save Women’s Sports Act should be enforced.”
In their brief to the U.S. Supreme Court, the Republicans argue that “the Ninth Circuit decided an important question of federal law in an opinion that contradicts this Court’s precedent and splits with other circuits on multiple issues, [and that] this case presents an ideal vehicle to address these important questions.”
In July, 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.”
On the other side, 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.”
A panel from the Ninth Circuit Court of Appeals previously ruled that the district court’s opinion was in order, agreeing that “before puberty, there are no significant differences in athletic performance between boys and girls;” and that “Arizona’s transgender ban discriminates on its face based on transgender status.” This decision led to the appeal to the nation’s high court by the Republican petitioners.
Republican State Senator Wendy Rogers cheered on the filing at the U.S. Supreme Court, writing, “Arizona Senate Republicans protecting women!”
Daniel Stefanski is a reporter for AZ Free News. You can send him news tips using this link.
by Daniel Stefanski | Jul 17, 2023 | Education, News
By Daniel Stefanski |
The State’s Republican Superintendent of Public Instruction continues to fight on behalf of an Arizona law.
Last week, the Arizona Department of Education sent a media advisory to note that “State schools chief Tom Horne is at U.S. District Court in Tucson to stand up for the state’s law prohibiting biological boys from participating in girls’ sports.” The communication announced that “a federal judge is hearing arguments whether to temporarily block the ban that was signed into law last year.”
That law was SB 1165, which was signed by former Arizona Governor Doug Ducey on March 30, 2022. The law prohibits biological males from competing in women’s and girls’ athletic events at state public schools, colleges, and universities.
The Department later posted a tweet on the issue, which stated, “Superintendent Horne is defending Arizona state law which bans biological boys from competing in girl’s sports. Title IX was created for equal opportunities for female athletes, and allowing males to compete in women’s sports undermines everything these athletes have fought for.”
AZ Free News reached out to Superintendent Horne about his thoughts on the legal hearing and the case in general. Horne replied, “It’s partly about safety but it’s mostly about fairness and the fact that there have been many news articles about girls who focused very strongly on sports, worked really hard, hoped to excel, maybe get a college scholarship or be in the Olympics or whatever, and then all of a sudden have to compete against biological males. They have no chance to compete successfully against them and they’re devastated by it. Now they have found what they believe to be sympathetic plaintiffs because they’re 11-year-olds who are using puberty blockers, so they say they lose the advantage of males. But we have presented numerous peer-reviewed scientific studies to the court showing that even before puberty, males still have an advantage. Our evidence is overwhelming compared to theirs.”
The Arizona Women of Action applauded the latest action from the Department, writing, “We greatly appreciate Tom Horne for upholding the Save Girl’s Sports Act. AZ Women of Action stands with Tom Horne in this endeavor by joining the lawsuit & representing Arizona families who want to save girls’ sports.”
At least some Democrats saw Horne’s defense of the law in a different light. The Yavapai County Democrats tweeted, “Sup. Horne seen here wasting time on a manufactured crisis. Protect public schools. Do something useful for education. Horne is a disgrace.”
Horne isn’t the only Arizona official who has weighed in on this court case. Earlier this year, both Arizona Senate President Warren Petersen and House Speaker Ben Toma filed a Motion to Intervene in the United States District Court for the District of Arizona Tucson Division. 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, 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.
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