On Monday, Arizona legislators filed a motion in federal court to intervene as defendants to seek a stay and appeal a ruling that struck down Arizona’s long-standing birth-certificate law.
The filing, announced by Arizona House Speaker Steve Montenegro, follows a failure by Attorney General Kris Mayes to state whether she will appeal on the state’s behalf.
U.S. District Judge James Soto, an Obama appointee, entered a permanent injunction on September 30, 2025, barring enforcement of A.R.S. § 36-337’s requirement of a “sex change operation” before the state may amend the sex marker on a birth certificate. The order directs the Arizona Department of Health Services to change its regulations within 120 days and allows amended certificates based simply on a doctor’s attestation of a “sex change.”
“Arizona’s laws are not optional,” said Montenegro. “When a federal court rewrites a statute, the Legislature has a duty to defend it. If the Attorney General won’t defend Arizona’s laws, we will. The ruling now opens the door for anyone to change the sex marker on a birth certificate with just a doctor’s note, erasing decades of statute and undermining the integrity of vital records. House Republicans are moving to intervene, seek a stay, and take this case to the Ninth Circuit so the law as written is defended.”
The legislators’ motion urges the court to allow Speaker Montenegro and Senate President Warren Petersen to intervene for purposes of appealing the court’s summary judgment, permanent injunction, and final judgment orders. The Leaders are also seeking a stay pending appeal, so the injunction is paused during appellate review. The motion details repeated inquiries to the Attorney General’s Office since October 1 regarding whether the state would appeal; no decision has been provided to date.
During the recent legislative session, the Arizona Legislature passed HB 2438, sponsored by Republican Representative Rachel Keshel, to protect the accuracy of vital records and prohibit changes to sex markers on birth certificates. Democrat Governor Katie Hobbs vetoed the bill.
Democrat elected officials who will not defend Arizona Law in US Courts are the consequence of the 2022 Arizona election. The Republican Arizona Legislature is doing the job that the Attorney General of Arizona swore an oath to do but failed to do. Arizona voters should remember this in 2026.