3 Arizona girls seek to intervene in lawsuit brought by transgender athlete

Howard Fischer

Capitol Media Services

Three Arizona mothers of biological girls want to intercede in a federal court case to keep their daughters from having to compete against transgender females. 

Legal papers filed on their behalf by the America First Legal Foundation argue they have a right to defend a 2022 law prohibiting such competition because of the unique perspective they bring to the case. 

James Rogers, their attorney, acknowledges that state schools chief Tom Horne, named as defendant in the lawsuit filed on behalf of two transgender girls, already is mounting a legal defense. But he contends that Horne is hobbled by a lack of legal resources because Attorney General Kris Mayes won’t defend the statute. 

And Rogers said that Horne’s role as superintendent of public instruction requires him to consider the needs of all public-school students, including transgender females. 

By contrast, Rogers says, the three women have a specific – and immediate – interest in upholding the law: the real possibility that their daughters will have to compete against those born male. In fact, he told U.S. District Court Judge Jennifer Zipps, it appears that already has happened in at least two cases involving the mothers who want to intervene. 

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