Horne files to have transgender sports lawsuit argued in Phoenix rather than Tucson

Also files public comment on proposed Title IX change

PHOENIX – Attorneys for State Superintendent of Public Instruction Tom Horne have filed a motion for a change of venue in the lawsuit brought against the State of Arizona by parents of biological boys who want to play on girls’ sports teams.

The suit was filed in U.S. District Court in Tucson. The motion to change venue notes that since the majority of parties involved in the lawsuit are based in Maricopa County, the case should be argued at the federal courthouse in Phoenix.

Horne is the primary defendant, while Senate President Warren Petersen and House Speaker Ben Toma have filed to intervene in the case.

The lawsuit challenges Arizona’s law that prohibits biological males from participating in girls’ sports.

In a related matter, Horne has formally submitted a public comment to the U.S. Department of Education regarding a proposed a rule change to Title IX, the federal law that prohibits sex-based discrimination in schools. The proposed change would prevent schools that get federal funding from keeping transgender students from competing on sports teams not of their biological sex.

Here is the text of his comment:

“The proposed rule submitted by the U.S. Department of Education would decimate girls’ sports in public schools and is contrary to the original intent of Title IX to provide a level playing field for women and girls to participate in team sports. Leaving the decision to schools will result in those with ideological school boards permitting stronger boys to compete against girls.

The rule is also in conflict with Arizona law. Arizona Revised Statutes 15-120.02 prohibits biological males from participating in girls’ sports.

This is not an LGBT issue. When I was in the Arizona legislature, I voted for every bill to extend civil rights to LGBT people. But permitting biological boys to compete in girls’ sports is extremely unfair, and in some cases, devastating to girl competitors.

There are numerous news articles about girls who worked hard to excel in their sports, and then were devastated when they could not excel because they had to compete against biological boys, who have the advantage of male muscle mass and bone structure. If there were a sport for which male physical qualities were not an advantage, there would be no reason to divide boys from girls’ sports and they could have a mixed gender team.

Where mixed teams are not appropriate because boys have an advantage, boys’ teams need to be for biological males, and girls’ teams for biological females.

The whole reason we divide boys’ from girls’ sports is because of the male advantage in muscle mass and bone structure. Making girls compete against that is a major injustice.”

A copy of the motion to transfer is attached.

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