Arizona schools chief argues against transgender girls' lawsuit

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Tom Horne tells judge to toss a bid by two transgender girls to void a new Arizona law prohibiting them from playing on teams designated for girls.

Howard Fischer PHOENIX — Arizona's schools chief says a judge should throw out a bid by two transgender girls to void a new state law prohibiting them from playing on teams designated for girls.

"They can also seek an order requiring a co-ed team if this court ultimately finds that pre-puberty males have no advantage,'' wrote Dennis Wilenchik, one of the private attorneys hired by Horne after Democratic Attorney General Kris Mayes disqualified herself from defending the statute. One of the students attends The Gregory School, a private school in Tucson. The other is set to attend Aprende Middle School in Kyrene School District in Tempe.

Title IX He contends it also undermines Title IX, the federal law passed in 1972 designed to prohibit discrimination based on sex in education programs and activities that receive federal assistance. "Neither Title IX, its regulations, nor its guidance purport to define 'sex' as something that is determined at fertilization and revealed at birth or in utero,'' they told Zipps.

If they still want a court order, Horne's attorney told the judge, they remain free to ask her to order that certain sports be made co-ed,"which would be a much more reasonable proposed remedy.''Before the law took effect, the Arizona Interscholastic Association, which governs high school sports, already had protocols to handle requests by transgender athletes to participate in sports case by case.

 

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