The Supreme Court has been asked to weigh in on a pivotal case addressing the interpretation of the Equal Protection Clause of the Fourteenth Amendment and its application to gender identity in sports. Twenty-four states, led by Alabama and Arkansas, have submitted an amicus brief in support of Arizona’s Save Women’s Sports Act.
This law restricts participation in girls’ and women’s sports teams to biological females. The case, Warren Petersen et al. v. Jane Doe et al., challenges whether such laws discriminate against transgender athletes, with plaintiffs arguing that Arizona’s law violates constitutional protections.
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The states supporting Arizona’s law emphasize the importance of preserving opportunities for biological females in sports, highlighting the inherent physical differences between males and females as the basis for separating athletic categories.
They contend that these distinctions are necessary to ensure fairness and safety in competition.
Arkansas Attorney General Tim Griffin stated, “This case is about protecting the strides women and girls have made in athletics over the last 50 years.”
Similarly, Alabama Attorney General Steve Marshall argued that “the Equal Protection Clause does not compel states to redefine ‘sex’ to include ‘gender identity.’”
The amicus brief asserts that Arizona’s law is rationally related to its goal of promoting equality for female athletes and should not be subject to heightened judicial scrutiny.
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The Ninth Circuit Court of Appeals previously ruled against Arizona, applying heightened scrutiny to determine that the law discriminates based on transgender status. The court reasoned that the legislation disproportionately affects transgender individuals and questioned whether the state’s intentions were truly aimed at ensuring fairness in sports.
However, the 24 supporting states argue that the appellate court failed to respect the presumption of legislative good faith. They contend that Arizona’s law seeks to promote fairness in women’s sports, not to marginalize transgender individuals, and that the court’s interpretation risks undermining the integrity of sex-based athletic divisions.
This case has broader implications as nearly half of U.S. states have enacted similar laws or policies that define athletic participation based on biological sex.
A Supreme Court ruling could provide critical guidance, as courts across the nation remain divided on whether such laws violate constitutional protections. If the Supreme Court declines to take the case, the Ninth Circuit’s decision could invalidate similar laws in other states within its jurisdiction.
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The case arises amidst broader cultural and legal debates about gender identity in public policy, including issues surrounding bathrooms, locker rooms, and medical care for transgender individuals.
Proponents of Arizona’s law argue that redefining “sex” to include “gender identity” risks eroding protections for biological females in sports and other areas.
Critics counter that such laws discriminate against transgender individuals and reinforce systemic exclusion. In their brief, the supporting states assert, “The Constitution does not require states to redefine ‘sex.’ Protecting women’s sports from unfair competition is not just lawful—it’s essential.”
The Supreme Court’s decision on whether to hear the case will be closely watched in the coming months. If the Court rules in favor of Arizona, it could affirm the legality of similar laws nationwide and establish biological sex as the definitive factor in sports participation.
Conversely, a ruling against Arizona could open the door for broader inclusion of transgender athletes in sports traditionally divided by sex, potentially reshaping the legal landscape of equal protection in athletics.
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