The opinion said the district court in Arizona was right to rule that before puberty there are no significant differences in athletic performance between boys and girls and that transgender girls who receive puberty-blocking medication don’t have an athletic advantage over other girls.
The case was brought by two transgender girls, following a 2022 state law, prohibiting them from participating in sports consistent with their gender identity.
The unanimous opinion from the three-judge panel affirmed the lower court’s conclusion that appellants in the case, State Superintendent Tom Horne and several legislators, are unlikely to prove that the ban is related to ensuring competitive fairness for female student-athletes.
Judges said the law was too broad — applying to all transgender women and girls in Arizona, regardless of testosterone levels or other medically accepted criteria for competitive fairness. As well as applying to all sports, regardless of the type of sport or age of the participants.
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