Arizona Amendment Would Protect Girls and Women’s Sports and Restrooms
Arizonans will vote in November on a constitutional amendment to base participation in sports and use of athletic private facilities on biological sex.
A “yes” vote on Proposition 318, the “Protect Girls Sports in Arizona Act,” would:
• Prohibit males from playing in school or athletic association teams designated for girls or women.
• Require public and private schools, athletic associations and higher education institutions to only allow individuals to use athletes’ showers, locker rooms and restrooms that align with their biological sex.
• Allow athletes to sue schools and athletic associations that violate this law.
• Continue to allow males and females to participate together on coed and mixed athletic teams.
The ballot measure defines “sex” as: “an individual’s biological status as male or female as recorded at birth on the individual’s original birth certificate.” It also removes a provision in current Arizona law that allows females to participate on school or athletic association teams designated for males.
Peter Gentala, president of the Center for Arizona Policy, expressed his support for the amendment in an email, saying:
Prop 318 says girls’ teams in Arizona are for girls, and it adds common sense privacy protections for the places girls change and shower.
Gentala went on to explain that Arizona already has a law protecting girls sports, but he added the measure “has spent most of the time since it was enacted in a courtroom instead of ensuring fairness, safety, and privacy for girls.”
He’s referring to a lawsuit challenging Arizona’s Save Women’s Sports Act, signed by then-Governor Doug Ducey. The National Center for LGBTQ Rights filed a lawsuit challenging the act, on behalf of two male, transgender-identified athletes who wanted to compete against girls.
The Ninth Circuit ruled against girls and women, and in favor of the male athletes, but the suit was dropped after the Supreme Court ruled that laws protecting girls sports were constitutional and did not violate Title IX, the 1972 federal law that prohibits sex-based discrimination in education programs.
The opinion in State of West Virginia v. BPJ and Little v. Hecox made clear that “sex” in Title IX actually supports female-only sports and private spaces. The Court said:
The ordinary meaning of the term “sex” at the time of enactment in the early 1970s was biological sex and not gender identity, particularly in the sports context.
Despite this, the constitutional amendment is still needed, Gentala said:
A law can be undone by the next legislature. But what the voters pass, politicians cannot repeal and a hostile Governor cannot veto.
Arizona’s girls need you to vote yes on Prop 318. This November, you settle it. Not for one season, but for the girls who are five years old right now. (His emphasis.)
The website He Cheated reports that more than 1,524 male athletes have “robbed FEMALE athletes of success and opportunities in sport” (their emphasis). The group provides a database of male athletes who have broken more than 700 girls and women’s sports records and finished in first place in almost 6,900 female athletic events.
He Cheated details why constitutional amendments like Proposition 318 are necessary:
A boy pretends to be a girl. His parents conceal his sex and lie to fellow classmates and parents. He joins a girls’ athletic team and proceeds to excel, dominating the competition.…
Female players are left on the bench or excluded from competitions. His inclusion is paramount, theirs, an afterthought.
He’s allowed in the locker rooms where female athletes are changing, in a state of undress and a position of vulnerability. They are given no warning. They are given no autonomy over their own bodies. No privacy or safe spaces. Every accommodation is made for him. His comfort is of the utmost importance. Theirs is dismissed. (Emphasis in the original.)
A “yes” vote on the “Protect Girls Sports in Arizona Act,” defends against this unfairness and guards girls and women’s privacy and safety.
Early voting in Arizona begins October 7.
The Center for Arizona Policy offers information about Arizona’s election and a personalized “AZ Voter Guide” at www.azvoterguide.com. The “AZ Voter Guide” is a nonpartisan, educational resource provided as a public service. No candidates are endorsed.
Related articles and resources:
Blockbuster Supreme Court Ruling: Girls Sports Are for Girls
He Cheated lists male athletes who displaced female athletes, while She Won lists the girls and women harmed by this.
How to Get in Touch With Your State Policy Group
Nebraska Citizens to Vote on Constitutional Amendment Protecting Girls Sports
Protecting Children Is On the Ballot in Colorado
‘Save Girls Sports’ on the November Ballot — Here’s How You Can Help
Top 5 Moments From Supreme Court Arguments Over Girls Sports
Yes, Girls Care When Boys Take Their Trophies
