Arizona families file lawsuit challenging state law ban on transgender participation in school sports

Two families in Arizona have filed a lawsuit challenging a state law that bans transgender girls from participating in school sports, with one parent citing concern for their child’s “self-esteem” and “confidence.”

The lawsuit filed in the U.S. District Court in Tucson challenges Senate Bill 1165, which restricts participation in school sports based on a biological sex. 

The identities of the two plaintiffs in the case, an 11-year-old and 15-year-old, have been concealed out of fear for their safety. Their names are listed as Jane Doe and Megan Roe, respectively. 

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“Jane will be very upset if she is not allowed to play sports on a girls’ team. Jane knows this would be because she is transgender, and I worry about how that will affect her self-esteem and her confidence,” the mother Jane Doe said via a statement provided by the National Center for Lesbian Rights (NCLR), which is representing the plaintiffs in the case.

“Jane will not receive all the positive benefits that school sports provide. This includes the obvious physical benefits, but also social and emotional benefits of playing with other kids, learning how to win and lose, and having coaches and other adults who support the team.”

“No parent ever wants their kid to lose out on opportunities and experiences that can help them grow as people,” the mother of Megan Roe added. “Sports provide all kinds of benefits to kids, and it is very upsetting that they may be completely cut off for my child.” 

Attorneys in the case have also argued the law violates the Equal Protection Clause under the U.S. Constitution and Title IX.

State Superintendent of Public Instruction Tom Horne was named a defendant in the case. He called the lawsuit’s logic “backwards.”

“Title IX was aimed at giving girls equal opportunities for playing sports. When a biological boy plays in a girls’ sport, it disadvantages the girls,” Horne told The Associated Press. “There have been lots of news stories about girls who worked hard to excel at their sports, found they could not when they had to compete against biological boys and were devastated by that.”

The lawsuit also names the Arizona Interscholastic Association, the Kyrene School District in Tempe and The Gregory School in Tucson as defendants in the case. 

The lawsuit follows the Biden administration’s plan to release new Title IX rules that would bar states from banning transgender students from competing against the gender they identify as.

The Associated Press contributed to this report.