Transgender lawsuit challenging sports ban in Arizona soon to be dropped | Top Stories

TUCSON, Ariz. (KVOA) – Last week, the U.S. Supreme Court upheld state bans in Idaho and West Virginia that prohibit transgender girls and women from participating in girls’ and female sports.

Now, the student who challenged a similar statewide law on the books in Arizona, is dropping the lawsuit.

In 2022, the Arizona legislature passed the ‘Save Women’s Sports Act.’ It was signed by Governor Doug Ducey. It bars transgender girls from competing in girls’ sports. 

In 2023, two students filed a federal lawsuit and took Superintendent of Public Instruction Tom Horne to federal court in Tucson. One student was a high schooler at The Gregory School. The other was a middle schooler in the Kyrene School District. Oral arguments took place in July 2023. A short time later, a federal judge ruled in favor of the plaintiffs based on their individual circumstances. However, the 2022 law was never invalidated.

The appeals process began after the ruling and after the Ninth Circuit Court of Appeals upheld the district court’s decision, Superintendent Horne asked for a review from the Supreme Court.

Last year, the high school student left the lawsuit because she graduated. 

Now, in the wake of the 6-3 SCOTUS decision in West Virginia V. B.P.J.,  the other student is ending her case. 

“Litigation is a grueling process,” attorney Rachel Berg said. Berg represents the student who brought the case. “It was over three years ago when the case was filed, when our client was a middle schooler. For young people, this process is particularly difficult. She has decided for personal reasons she did want to continue with the litigation.”

Horne praised the Supreme Court’s decision that says transgender sports bans do not violate the Equal Protection Clause of the Constitution, nor does it go against Title IX, the federal civil rights law that prohibits sex discrimination in schools.

“Title IX said girls should have the ability to compete and excel the same as boys do” Horne said. “And, if biological boys can play in girls sports, they don’t have that. It’s just absolutely wrong to ruin their ability to compete in that way. 

Horne argues the decision from the high court was not discriminatory. 

“It’s exactly the contrary,” Horne said. “It’s discrimination to subject girls to have people compete with them who were born with unfair advantages over them, that’s discrimination.”

Berg is disappointed by the ruling. “These girls just want to play with their friends on school sports teams,” she said. “It’s said that they’re not able to do so because of who they are.”

Molly Cameron is a Tucson resident and a transgender athlete. She has competed as a cyclist for more than two decades. 

“As a trans person, I live my life like everybody else,” Cameron said. “And, it’s a little exhausting, it’s very exhausting to have these conversations.” 

Cameron believes there are still paths to success and acceptance for young transgender athletes.

“It’s not as simple as saying move to another state,” she said. “But there are a lot of places you are welcome and seek those places out. Seek out places that are inclusive, that show that broadcast they’re inclusive, that show publicly that they welcome everybody.”

News 4 Tucson has learned the lawsuit will officially be dropped in the coming days.

The recent Supreme Court decision does not affect the 23 states that currently do not have a transgender sports ban.