Attorneys general from 24 states have come together to request the U.S. Supreme Court to review and uphold an Arizona law that aims to prevent biological boys from participating in girls’ sports teams.
A petition has been filed following a ruling by a federal appeals court stating that the law is likely in violation of the Equal Protection Clause of the Constitution.
South Carolina Attorney General Alan Wilson affirmed that sports teams are initially separated by sex in order to provide girls with an equitable environment, where they do not have to compete against boys.
He further stated that Arizona’s law, which limits girls’ sports teams to biological females, is a logical approach that safeguards girls from competing against larger and stronger individuals who identify as females.
The petition is supported by attorneys general from a total of 24 states, including Alabama, Alaska, Arkansas, Florida, Georgia, Indiana, Iowa, Kansas, Kentucky, Louisiana, Mississippi, Missouri, Montana, Nebraska, New Hampshire, North Dakota, Oklahoma, South Dakota, Tennessee, Texas, Utah, Virginia, and Wyoming.
The petition highlights that these states have laws resembling Arizona’s, which limit girls’ sports to biological females.
The argument put forth is that the Equal Protection Clause does not forbid states from providing separate sports teams for men, women, boys, and girls.
“In sports, ensuring equal access is crucial for maintaining a fair and equitable playing field,” assert the attorneys general in their brief. “This often entails creating separate divisions based on sex, allowing girls to compete against their female counterparts.”
“Basing the distinction on biology rather than gender identity makes sense because it is the differences in biology, not gender identity, that necessitate separate teams in the first place.
Regardless of their gender identity, biological males generally exhibit greater strength and speed compared to biological females. If these average physical disparities were inconsequential, there would be no need for the segregation of sports teams,” they emphasized.
According to Wilson’s news release, the attorneys general are urging the high court to clarify that the Constitution does not prevent states from protecting women’s sports against unfair competition and ensuring meaningful athletic opportunities for girls and women.
