Arizona House Approves HB2706, Transgender Athlete Bill

Arizona lawmakers stand in favor of HB2706 during House vote.

PHOENIX – On Tuesday, the Arizona House voted to ban transgender girls and women from participating in intramural or interscholastic athletics that does not match their “biological sex.” The bill passed on a 31 -29 vote.

The bill, sponsored by Rep. Nancy Barto, requires any student whose sex is disputed to get a genetic test with the results certified by a physician.

Supporters argue that the bill protects Title IX by ensuring biological females have a level playing field.

Democrats dubbed the bill the “show me your genitals bill.” They claimed the bill was transphobic and unnecessary.

Barto described her bill as “not anti-anything, it is pro-women and pro-girl.”

Rep. Warren Petersen read testimony from a biological male identifying as a female who agrees and fully supports the bill. The letter read in part, “Our gender identities are not under attack, because the distinction in athletics is not based on one’s gender identity, but sex, and those are very important distinctions…gender identity is …unquantifiable. However, sex is quantifiable – and in the subject of sports, is especially relevant.”

Rep. Domingo DeGrazia said the bill violated the Equal Protection clause and privacy rights.

Center for Arizona Policy President Cathi Herrod issued a statement praising the vote and called it a “big victory for girls and women in Arizona.”

House overview of HB2706:

1. Provides that an interscholastic or intramural athletic team or sport that is sponsored by an educational institution in Arizona must be expressly designated as one of the following based on biological sex:
a) Males, men or boys;
b) Females, women or girls; or
c) Coed or mixed sex. (Sec. 1)

2. States that athletic teams or sports designated for females, women or girls may not be open to students of the male sex. (Sec. 1)

3. Allows, if disputed, a student to establish the student’s sex by presenting a signed physician’s statement that indicates the student’s sex based only on all of the following factors:
a) The student’s internal and external reproductive anatomy;
b) The student’s normal endogenously produced levels of testosterone; and
c) An analysis of the student’s genetic makeup. (Sec. 1)

4. Prohibits a governmental entity, a licensing or accrediting organization or an athletic association or organization from entertaining a complaint, opening an investigation or taking any other adverse action against an educational institution for maintaining separate interscholastic or intramural athletic teams or sports for students of the female sex. (Sec. 1)

5. States any student who is deprived of an athletic opportunity or suffers any direct or indirect harm as a result of a violation has a private cause of action for injunctive relief, damages and any other relief available under law against the educational institution. (Sec. 1)

6. States any student who is subject to retaliation or other adverse action by an educational institution or athletic association or organization as a result of reporting a violation to an employee, representative of the educational institution, athletic association, organization or any state or federal agency with oversight of educational institutions in Arizona has a private cause of action for injunctive relief, damages and any other relief available under law against the educational institution, athletic association or organization. (Sec. 1)

7. Asserts that any eligible institution that suffers any direct or indirect harm as a result of a violation has a private cause of action for injunctive relief, damages and any other relief available under law against the governmental entity, licensing or accrediting organization or athletic association or organization. (Sec. 1)

8. Stipulates that a civil action must be initiated within two years after the harm occurs. (Sec. 1)

9. States a person who prevails on a claim brought is entitled to monetary damages, including for any psychological, emotional and physical harm suffered, any reasonable attorney fees and costs and any other appropriate relief.