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PHOENIX — A federal appeals court has upheld a lower-court ruling that blocks Arizona from enforcing a 2022 law that bans transgender girls from playing on girls’ school sports teams.In a decision Monday, a three-judge panel of the 9th Circuit U.S. Court of Appeals said the lower-court judge didn’t make an error in concluding that, before puberty, there are no significant differences between boys and girls in athletic performance.
“We always expected to win this case in the U.S. Supreme Court,' Tom Horne, Arizona's superintendent of public instruction, said Tuesday. “The 9th Circuit is notoriously left wing. We did not expect to get a fair hearing in the 9th Circuit.”Rachel Berg, an attorney for National Center for Lesbian Rights, which represents the girls and their parents, said the ruling “recognizes that a student’s transgender status is not an accurate proxy for athletic ability and competitive advantage.
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