The 9th Circuit Court of Appeals ruled 3-0 Monday that Arizona’s trans athlete ban was discriminatory, as trans kids have no physical advantage.
The case involved two transgender girls, “Jane Doe,” 11, and “Megan Roe,” 15. Both girls have been on puberty blockers, and lived as girls since ages 5 and 7, respectively. Doe is a soccer player, while Roe plays volleyball and swims. The defendants include Thomas Horne, the state school superintendent, as well as the local district superintendents, the school, as well as State Senator Warren Petersen and State Representative Ben Toma. Both Petersen and Toma are Republicans.
Defendants justified the ban by claiming that it was protecting cisgender girls from players with a significant athletic advantage. However, the court ruled that there “are no significant differences in athletic performance between boys and girls” and “transgender girls who receive puberty-blocking medication do not have an athletic advantage over other girls.”
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“Our clients are thrilled to be able to continue to play on girls’ sports teams with their friends while this case proceeds to trial,” Rachel Berg, a lawyer for the girls, told the Chronicle. Berg is a staff attorney for the National Center for Lesbian Rights.
The fight isn’t entirely over, however. The state could appeal to the U.S. Supreme Court, according to the San Francisco Chronicle, or request a hearing with an 11-judge panel. Still, barring further decisions, the Chronicle points out that this decision could easily be cited in similar cases.
And there are indeed similar trans athlete bans going before courts. Last month, a federal judge issued an injunction forcing a Hanover County, Virginia school board to let an 11-year-old transgender girl try out for her school’s tennis team. The injunction put the ban on hold while the full case is decided.
In New Hampshire, two trans teens filed suit against that state’s similar ban. Again, the judge ruled for an emergency injunction until the case is decided. One of the plaintiffs, Parker Tirrell, 15, attended the hearing in her sports uniform. She headed directly to her soccer practice following the ruling.
“We’re there for each other, win or lose,” Tirrell said in a press release. “Not being allowed to play on my team with the other girls would disconnect me from so many of my friends and make school so much harder. I just want to be myself and to learn, play, and support my teammates like I did last year.”