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Federal Appeals Court Upholds Block On Arizona Transgender Sports Ban

Moscow court hears appeal by WSJ reporter Gershkovich

A federal appeals court has upheld a lower-court ruling that blocks Arizona from enforcing a 2022 law that bans transgender girls from playing on girls’ school sports teams. The decision was made by a three-judge panel of the 9th Circuit U.S. Court of Appeals.

The panel supported the lower-court judge's conclusion that there are no significant differences in athletic performance between boys and girls before puberty. Additionally, the panel found that the law discriminates based on transgender status.

However, the ruling only applies to two transgender girls whose parents filed a lawsuit challenging the law. The lawsuit alleges violations of the equal protection clause in the U.S. Constitution and Title IX.

The case will be sent back to the lower court, and the law will remain blocked during further litigation. Arizona's superintendent of public instruction expressed confidence in winning the case in the U.S. Supreme Court, citing the 9th Circuit's perceived bias.

An attorney for the National Center for Lesbian Rights, representing the girls and their parents, praised the ruling for recognizing that a student’s transgender status does not determine athletic ability or competitive advantage.

Arizona is among several states and school districts that have passed laws restricting access to school sports teams based on assigned sex at birth rather than gender identity. Officials argue that the law promotes fairness, while LGBTQ+ rights advocates view such legislation as anti-transgender measures disguised as child protection.

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