24 states' attorneys general call on Supreme Court to keep biological boys out of girls sports

Attorneys general from 24 states are urging the U.S. Supreme Court to overturn a lower court ruling and uphold an Arizona law to prohibit biological boys from competing on girls’ sports teams.

The petition comes after a federal appeals court ruled that the law likely violates the Equal Protection Clause of the Constitution.

“Sports teams are divided by sex to begin with to give girls a level playing field so they’re not competing against boys,” South Carolina Attorney General Alan Wilson said in a news release. “Arizona’s law restricting girls’ sports teams to biological females is just common sense, and it protects girls from competing against bigger, stronger males who identify as females.”

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In addition to Wilson, the attorneys general supporting the petition are those from 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 notes that these states have laws similar to Arizona’s that restrict girls’ sports to biological females.

It also argues that the Equal Protection Clause does not prohibit states from offering separate sports teams for men, women, boys and girls.

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The U.S. Supreme Court in Washington, D.C., on Tuesday, Feb. 28, 2023. (Valerie Plesch/Bloomberg via Getty Images)

“In sports, equal access means a level playing field,” the attorneys general write in their brief. “And a level playing field usually means sports teams divided by sex so that girls can compete against other girls.”

“Basing the distinction on biology rather than gender identity makes sense because it is the differences in biology—not gender identity—that call for separate teams in the first place: Whatever their gender identity, biological males are, on average, stronger and faster than biological females. If those average physical differences did not matter, there would be no need to segregate sports teams at all,” they continued.

The petition argues that the Equal Protection Clause does not prohibit states from offering separate sports teams for men, women, boys and girls. (ALLISON DINNER/AFP via Getty Images)

The attorneys general are asking the high court to “make it clear that the Constitution does not prohibit states from saving women’s sports from unfair competition and providing meaningful athletic opportunities for girls and women,” according to Wilson’s news release.