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TUCSON, Ariz. (13 News) – The Supreme Court on Tuesday upheld restrictions on transgender athletes in women’s sports, a ruling that could eliminate the legal challenges blocking Arizona’s Save Women’s Sports Act from taking effect.
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Arizona is one of 27 states that enacted laws banning transgender students from competing on athletic teams that match their gender identity.
The state’s law was passed in 2022 but has not been enforceable for several years due to ongoing litigation.
Arizona law could move forward
State Superintendent of Public Instruction Tom Horne called the ruling a victory, saying it will clear the way for Arizona’s law to be enforced. Two transgender teens had filed a lawsuit in Tucson challenging the act, arguing it violated their civil rights.
“Arizona has had a law for a number of years prohibiting biological boys from being in girls’ sports,” Horne said. “Two large New York law firms sued to declare it unconstitutional.”
The case had been put on hold while the SCOTUS considered the legality of similar bans in West Virginia and Idaho.
With Tuesday’s ruling, Arizona’s law moves forward.
Horne said he plans to act quickly in response to the decision.
“By tomorrow, I’ll file a motion to vacate those injunctions, and then the schools would not be able to, would have to obey Arizona law, and would not be able to permit biological boys to compete in girls’ sports,” Horne said.
Plaintiffs say fight is not over
Rachel Berg, senior staff attorney at the National Center for LGBTQ Rights and lead counsel for the case, said she was disappointed by the outcome.
“Our client wants the ability to play with her friends just like every other girl wants to play on teams with her friends, and no one should be excluded from a school activity based on who they are,” Berg said.
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Berg said her remaining client still has a strong case and intends to fight the ruling under different factual grounds than those heard by the court on Tuesday.
Grey Picciano, the other plaintiff in the case, also said she was upset by the ruling.
“It really hurts to like hear it, and like, I feel horrible for all of the trans girls in sports now,” Picciano said.
Picciano, who used to play volleyball at the Gregory School in Tucson, dismissed her case after graduating. She said people assumed she was stronger because of her physical appearance, but that medication had made her bones weaker than most women.
“They think we’re just trying to get that advantage, and we’re just trying to be who we are, we just want to be ourselves and be true to ourselves,” Picciano said.
Picciano said she plans to continue advocating for transgender women in sports.
“My hope is that we can be able to do what we want, get into sports, and just be ourselves for once, and like, not have to play against the guys,” Picciano said.
Both parties said they will continue to pursue their legal battles in court.
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