In March of 2022, then-Governor Doug Ducey signed SB 1165 — a bill that banned transgender students from playing on sports teams of the opposite sex.
That bill updated definitions in Arizona's law , to prevent a transgender girl, from playing on a girl's sports team.On April 17, 2023, the parents of two transgender athletes, 11 & 15, filed a lawsuit, in the U.S. District Court in Tucson, alleging the updated law violates the childrens' Title IX protections.
The plaintiffs argue gender dysphoria is"the distress caused by incongruence between a person's gender identity and their designated sex at birth." In his filing, Horne cited sworn testimony from Gregory A. Brown, Ph.D, in Hecox v. Little, where he said"a number of studies indicate males' athletic advantages over females begin before puberty, and may be apparent as early as six years of age."Horne also cites biologically-female athletes being defeated by transgender athletes, such as Lia Thomas.
This case turns on one crucial fact: can plaintiffs prove that pre-puberty boys have no sports advantage over girls? They cannot... Even if Plaintiffs could prove that pre-puberty boys had no advantage, which they cannot, the state had a valid public purpose for passing the statute at issue. Defendants Forty-five female athletes from the University of Arizona also support the ban.
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