Arizona judge allows males to participate in girls’ sports temporarily.

Protecting Girls’ Sports: Federal Judge Blocks Arizona Law

Last week, a federal judge in Tucson, Arizona, ​ ruled in favor of the plaintiffs’ ​motion for​ a preliminary injunction blocking a state law that would prevent males from participating in girls’ sports. ​Arizona’s Save ‌Women’s Sports Act was passed in 2022 ⁣and signed into ‍law by then-Gov. Doug Ducey, ensuring that “…athletic teams ​or⁤ sports designated for ‘females,’ ‌‘women,’ or ‘girls’ may not be open to ​students of the male sex.”

Prior⁣ to the law’s passage in 2022, the Arizona Interscholastic Association (AIA) had a policy allowing males to play on girls’ sports teams if they ​submitted a⁤ request that was approved by a “committee of medical and psychiatric experts, and ​consistent with AIA health and safety policy and if not motivated by an improper purpose.”

Arizona is not the only state to pass a⁤ law protecting girls’ sports. At least 20 other states have passed similar laws, most of which are also facing legal challenges.

A preliminary injunction is an‍ extreme legal‍ remedy. It prevents⁢ a law from going into ​effect⁣ and it is ⁤only ⁣granted if⁣ the plaintiffs can prove the following elements:

1. They are likely to succeed on the merits ⁤of their ⁤claims.
2. They are likely to suffer irreparable harm in the absence of preliminary relief.
3. The⁤ balance of equities tips ​in their favor.
4. An injunction is in the ⁢public interest.

However, the order, written by Obama-appointed ⁤Judge Jennifer Zipps, makes numerous “findings of facts and conclusions ⁢of law,” most ‌of‌ which sound like gobbledygook pulled straight from ⁤the World Professional Association for Transgender Health (WPATH) website.

According to Judge Zipps, the‌ plaintiffs are likely to succeed on their⁣ claims that the Arizona law is unconstitutional because‌ the​ two transgender​ plaintiffs, 11 and⁤ 15 years old, ‌respectively, have taken medication that ⁢prevents them ⁢from going through male puberty.⁢ Or, as Judge Zipps puts it:

The testimony by Drs. Brown and Hilton that boys have some biological ⁤advantages‍ related to physical fitness before puberty does not‌ support a conclusion that Plaintiffs [who are biological males], who have not experienced male puberty, have any athletic advantage over other girls ⁤or pose a safety risk to other girls by playing on girls’ sports teams.

The order also finds‌ it necessary to make ⁤a finding of fact⁤ the typical bogeyman⁤ used by pro-trans advocates, which is that the risks to children⁣ if not⁣ allowed to “transition” include “anxiety,‍ depression, eating disorders, substance abuse, ⁢self-harm, and suicide,” as well as discrimination and harassment. These statistics are arguably exaggerated at the very least.

The order finally holds that unless the ⁤plaintiffs are ⁣allowed ⁢to play girls’​ sports, they will suffer ⁤“irreparable harm,”⁣ not‍ just because their ⁢constitutional rights are being violated, but‍ because it would be⁣ humiliating and painful if they⁢ are not allowed to “live as girls in all aspects of their lives,” including athletics. Apparently​ living as ⁢girls in all aspects of their lives is an essential part of the treatment for ‍their⁣ gender dysphoria.

Now that the court has ruled, the defendants in the case — which include⁢ the state school superintendent, the local school district superintendent,⁢ the two schools and school⁢ districts involved, and the AIA — state that they plan to appeal ‍the ruling. While​ the decision will likely be upheld by a liberal Ninth Circuit, State School⁢ Superintendent Tom Horne thinks the ultimate decision will be made by ⁣the United States Supreme Court.

It’s easy to mock the Orwellian language ⁣that allows ​two males‍ to participate in girls’ sports ⁣in​ an ironic mockery of the‌ original Title IX, the ⁤federal ⁤guidance created in ‍large part to protect girls’ ⁢sports.

However, at the ⁤center of this lawsuit ⁢are two children who are ⁣victims —‍ both⁤ males⁤ who have believed they are girls since a young age. Both “knew they were a girl,” have either been taking medication to stop puberty, or are about to start taking medication. Both⁤ have been constantly‌ affirmed in their‍ new identity by‍ parents, teachers, peers, and now a federal court. Tragically, ⁤that’s the true irreparable harm.