Federal court overturns transgender sports ban calling it “the essence of discrimination”

Arizona’s ban on transgender athletes has been blocked by the 9th U.S. Circuit Court of Appeals, which called the 2022 law “the essence of discrimination.”

Supporters of the so-called Save Women’s Sports Act claimed that the law protected girls and women in schools and colleges from “unfair competition.” However, the federal court found that pre-pubescent trans girls and trans girls on puberty blockers have no significant physical advantages over cis girls their own age, The San Francisco Chronicle reported.

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“[The law] to ensure competitive fairness and equal athletic opportunities for cisgender female athletes cannot be squared with the fact that the Act bars students from female athletics based entirely on transgender status,” Judge Morgan Christen wrote in the court’s 3-0 decision.

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“[The law] permits all students other than transgender women and girls to play on teams consistent with their gender identities,” Christen continued, “transgender women and girls alone are barred from doing so. This is the essence of discrimination.”

Two trans girls, an 11-year-old soccer player and a 15-year-old swimmer and volleyball player on puberty blockers, sued to overturn the law; 18 states signed court arguments in favor of the law, and 17 states signed arguments against it.

A lower federal court also ruled against the law, and the two court rulings against it can now be cited as a legal precedent to help other trans girls play sports. However, Arizona could also appeal the decision to be heard by an 11-judge panel on the appeals court or ask the U.S. Supreme Court to rule on the matter.

“A student’s transgender status is not an accurate proxy for athletic ability and competitive advantage,” said Rachel Berg, a lawyer with the National Center for Lesbian Rights who represented the two girls in court. “Our clients are thrilled to be able to continue to play on girls’ sports teams with their friends while this case proceeds to trial.”

A federal appeals court blocked a similar West Virginia law in April, but the state has asked the U.S. Supreme Court to review the law and let it go into effect.

In April, House Republicans passed a trans sports ban on party lines, but Senate Democrats blocked it from becoming law. Currently, 24 states have laws that ban trans students from participating in sports that align with their gender identity.

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