WASHINGTON, D.C. – Yesterday, on behalf of its clients, America First Legal (AFL) filed a motion to intervene and proposed motion to dismiss in a lawsuit to protect Arizona’s “Save Women’s Sports Act,” a law that passed in March 2022 to prohibit biological males from playing on girls’ sports teams at public schools.
On April 17, 2023, two biological males sued Tom Horne, the Arizona Superintendent of Public Instruction and head of the state Department of Education; Kyrene School District; Gregory School; and the Arizona Interscholastic Association. One is a prepubescent eleven-year-old, and the other is a fifteen-year-old taking puberty blockers and female hormones.
The lawsuit argues that because these two plaintiffs have not gone through puberty, they would not have any athletic advantage from being biological males. They argue that the law violates the Equal Protection Clause of the 14th Amendment, Title IX, and the Americans with Disabilities Act.
Doctors across the country acknowledge that biological males have significant advantages over females in sports whether or not the male has gone through puberty. For example, in an interview with the New York Times, Dr. Michael Joyner of the Mayo Clinic in Rochester, Minnesota, explained that “Beginning in the womb, men are bathed in testosterone and puberty accelerates that. Men on average have broader shoulders, bigger hands and longer torsos, and greater lung and heart capacity. Muscles are denser.” He went on to say, “there are social aspects to sport, but physiology and biology underpin it.” Moreover, reporting and studies show that testosterone suppression does “not negate this physical advantage over females and so cannot guarantee competitive fairness and/or safety,”
The Arizona state legislature filed a motion to intervene in the case on May 1, 2023. America First Legal has now filed a motion to intervene on behalf of its clients, Arizona Women of Action (AZWOA), a women’s organization that advocates for concerned parents, and Anna Van Hoek, Lisa Fink, and Amber Zenczak, who are mothers of girls who play sports on girls’ teams at public schools or publicly funded charter schools.
America First Legal will keep fighting against the radical leftists and the Biden Administration who seek to destroy women’s sports. Our girls should be protected, not forced to compete against biological men. Enough is enough.
Statement from America First Legal Senior Counsel, James Rogers:
“Biological girls deserve their own spaces to practice their sport and strive together, support each other, and compete against each other. They shouldn’t have to worry about competing against biological males or, even worse, having biological males in the locker room. The Save Women’s Sports Act is essential to defending our daughters and granddaughters. With this intervention motion, parents’ voices will now have a chance to be heard in this important case. America First Legal is proud to help give them that voice, and to fight to keep men and boys out of sports for women and girls.“ said James Rogers.
Read the motion to intervene here and motion to dismiss here.
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