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.
AZ Free News is your #1 source for Arizona news and politics. You can send us news tips using this link.
by Staff Reporter | Jul 1, 2026 | Education, News
By Staff Reporter |
On Tuesday, the U.S. Supreme Court upheld state laws barring males from competing in female sports, even if they identify as female. The ruling drew praise from Arizona’s Republican leaders.
In its opinion in West Virginia v. B.P.J. (inclusive of Little v. Hecox), the high court declared that biology defines sex, not gender identity, when considering federal regulations on sex-based discrimination.
“The term ‘sex’ […] cannot plausibly be interpreted to refer to anything other than biological sex,” stated the ruling.
Arizona participated in the lawsuit through its leaders in the Republican-led state legislature: Arizona Senate President Warren Petersen (LD14) and Arizona House Speaker Steve Montenegro (LD29). The pair filed an amicus brief last September.
Petersen hailed the Supreme Court decision as a “landmark ruling.” In a press release responding to Tuesday’s ruling, Petersen said the ruling represented a win in both the intellectual and moral sense, calling it common sense justice for women and girls.
“Every young woman deserves the opportunity to compete on a level playing field and earn a roster spot, a championship, a record, or a scholarship based on her hard work. Girls shouldn’t have to lose those opportunities because adults are afraid to acknowledge biological reality. That’s not fairness, and it’s not what Title IX was created to do,” said Petersen. “Arizona has been leading on this issue for years, and we were proud to stand with West Virginia and Idaho before the U.S. Supreme Court to defend girls’ sports. Today’s decision makes it clear that states can continue protecting the integrity of women’s athletics and the opportunities generations of women fought so hard to secure. This is a victory for every girl who dreams big, works hard, and deserves the chance to compete fairly.”
Arizona Superintendent of Schools Tom Horne — the lone elected leader to defend in court Arizona’s law prohibiting biological males from participating in female-only sports — declared the ruling a victory for female success and safety in competition. Attorney General Kris Mayes refused to defend the law in court (Jane Doe v. Warren Petersen).
“The news has been full of stories about girls who worked hard on their sports, hoping to make the team, or even earn a college scholarship or qualify for the Olympics. But then they had to compete against biological boys and their advantages in birth in size, speed and strength. The girls’ dreams were shattered and they were devastated,” said Horne. “Girls have also been injured, including a brain injury, from having to compete against larger and stronger males. I am committed to making sure that Arizona schools follow state law protecting girls’ sports.”
Former Gov. Doug Ducey, a Republican, passed the “Save Women’s Sports Act” under the Republican-led state legislature in 2022. In a letter approving the legislation, Ducey called it fair and common sense.
“This legislation simply ensures that the girls and young women who have dedicated themselves to their sport do not miss out on hard-earned opportunities including their titles, standings and scholarships due to unfair competition,” stated Ducey. “This bill strikes the right balance of respecting all students while still acknowledging that there are inherent biological distinctions that merit separate categories to ensure fairness for all.”
AZ Free News is your #1 source for Arizona news and politics. You can send us news tips using this link.
by Matthew Holloway | Jan 14, 2026 | News
By Matthew Holloway |
Arizona Senate President Warren Petersen (R–LD14) said he believes the U.S. Supreme Court is likely to uphold state laws that protect girls’ and women’s sports, following oral arguments in a closely watched case on whether biological males may compete in female athletic competitions.
Petersen attended oral arguments in West Virginia v. B.P.J. in Washington, D.C., where the Court heard challenges to state-level laws restricting participation in girls’ sports based on biological sex.
“It was an incredible experience to be in the Supreme Court with the justices in the room hearing their arguments,” Petersen said in an interview with AZ Free News following the hearing. “If I’m reading the room, I think we win this six to three.”
Petersen explained that much of the questioning from the Justices centered on the definition of sex under the law, rather than transgender status itself. “What it’s really boiling down to is the definition of sex,” he said. “They’ve conceded that it’s about sex. They’re not even arguing that it’s about transgender status.”
He described a moment during questioning in which Justice Alito pressed attorneys defending the challenge to the laws on how to define the term “woman,” calling the exchange revealing.
Petersen and House Speaker Steve Montenegro (R-LD29) joined the case through an amicus brief in September 2025 after Arizona Democrat Attorney General Kris Mayes declined to defend the Save Women’s Sports Act. Under Arizona statute, that authority shifted to legislative leadership.
“Unfortunately, you have an attorney general who’s not willing to defend our laws,” Petersen said. “But fortunately, the statute gives the Senate President and the Speaker standing. We were able to intervene and defend the law, and we’ve taken it all the way here.”
Petersen characterized the law as “common sense” and said lawmakers felt compelled to see it defended at the highest level.
“This is the same Women’s Sports Act to protect our girls and make sure they have these opportunities,” he said. “This law needed to be defended.”
Beyond athletics, Petersen said the case raises broader questions about state authority and federal overreach. “If they get this wrong, it would be devastating,” he said. “It would mean that your daughters, your granddaughters, your sisters—their chances to compete in sports and be champions—those dreams are shot.”
Petersen noted that while most states have enacted protections for girls’ sports, a Supreme Court ruling striking those laws down nationwide would leave states with no recourse. “At least if they leave it to the states, there would be some safe harbors,” he said. “If they ruled against everybody, there would be nowhere girls could go.”
Critics of the laws argue that they discriminate against transgender individuals. Petersen rejected that framing, saying the laws preserve opportunities while maintaining fairness.
“They still have opportunities,” he said. “They can be part of a co-ed team; they can play with people of the same biological sex or even create their own leagues. What they can’t do is play in biological girls’ sports.”
He added that the issue is necessary and unavoidable, pointing to female athletes who have lost titles and opportunities under policies that allow biological males to compete in girls’ categories.
If the Supreme Court upholds the laws, Petersen said no new legislation would be required in Arizona. “We already have the law,” he said. “We just want the law that we passed to be upheld.”
If the Court issues a narrow or adverse ruling, Petersen said lawmakers may be forced to explore alternative legislative approaches, though he cautioned that a sweeping loss could take years—or longer—to undo.
“That’s why it’s so critical they get it right,” he said. “If they get it wrong, it’s no different than Roe v. Wade. It could be decades, if ever, until it gets fixed.”
The Court is expected to issue its ruling as late as June this year, according to Petersen.
Matthew Holloway is a senior reporter for AZ Free News. Follow him on X for his latest stories, or email tips to Matthew@azfreenews.com.
by Jonathan Eberle | Sep 23, 2025 | News
By Jonathan Eberle |
Arizona Senate President Warren Petersen and House Speaker Steve Montenegro announced that Arizona’s legislative leaders have filed amicus briefs in two companion cases before the U.S. Supreme Court: Little v. Hecox (Idaho) and West Virginia v. B.P.J. The cases, expected to be argued this fall, address whether states may preserve the integrity and safety of girls’ and women’s sports by limiting participation to biological females.
Petersen emphasized that the cases offer the Court an opportunity to uphold fairness and safety in female athletics. “These cases give the Court an opportunity to affirm what science and common sense already make clear: biological males hold inherent physical advantages that make women’s athletic competitions unfair and unsafe when they are allowed to participate,” he said.
Speaker Montenegro echoed these sentiments, highlighting Arizona’s legislative action. “Arizona passed the Save Women’s Sports Act to keep competition fair for girls,” he said. “It’s unacceptable that our state’s top lawyer refuses to defend that law. While Attorney General Mayes stands aside, House Republicans are doing the job she won’t—standing up for Arizona’s daughters and every female athlete who trains and competes. The Ninth Circuit sidelined our law; I’m confident the Supreme Court will correct course and affirm what parents and coaches know: girls’ sports are for girls.”
The Save Women’s Sports Act, signed into law in 2022, restricts participation in girls’ athletic events at public schools to biological females. After Attorney General Mayes declined to defend the statute, Republican leaders in the House and Senate intervened in federal court. While the Ninth Circuit recognized the state’s interests in competitive fairness, student safety, and equal athletic opportunities, it left the act enjoined as applied to two transgender, biologically male athletes.
Arizona’s briefs in the Idaho and West Virginia cases urge the Supreme Court to uphold state laws that maintain female-only sports to protect safety, fairness, and equal athletic opportunities. The filings assert that the federal injunction against Arizona’s law has already harmed girls, impacting placements, roster spots, and playing time. They also argue that courts should defer to elected legislatures—rather than unelected athletic bodies—when setting uniform participation standards, particularly in areas involving scientific and medical disputes.
“Girls deserve a level playing field,” Speaker Montenegro said. “House Republicans will continue to vigorously defend Arizona’s law and support states working to keep girls’ sports fair and safe.” The Supreme Court’s rulings in the Idaho and West Virginia cases will likely shape the future of Arizona’s law and similar legislation across the country.
Jonathan Eberle is a reporter for AZ Free News. You can send him news tips using this link.
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