By Howard Fischer | Capitol Media Services
The state’s top two Republican lawmakers are asking a federal appeals court to protect them from having to explain their motives in promoting and voting to ban transgender girls from participating in girls’ sports.
The attorney for House Speaker Ben Toma and Senate President Warren Petersen contends that U.S. District Court Judge Jennifer Zipps got it wrong when she ordered them to answer questions from the lawyers representing transgender girls who have sued to overturn the law.
Justin Smith, the private attorney the pair has hired, acknowledged that they asked to become parties to the lawsuit rather than simply let state schools chief Tom Horne defend the 2022 ban. But he said that decision does not waive or override what he said is the privilege that lawmakers have against having to explain their motives in court.
