Case: Doe v. Horne

4:23-cv-00185 | U.S. District Court for the District of Arizona

Filed Date: April 17, 2023

Case Ongoing

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Case Summary

This is a case challenging an Arizona statute (A.R.S. § 15-120.02) that excludes transgender girls from participating in school-based sports teams that align with their gender identity. On April 17, 2023, the plaintiffs — school-aged transgender teens who were denied participation on several girls' school sports teams due to their assigned sex at birth — filed suit in the U.S. District Court for the District of Arizona against the state's Superintendent of Public Instruction, the Arizona Interscholastic Association, a school district, and a private school. The plaintiffs filed suit under multiple statutes — including 42 USC § 1983 (based on alleged violations of the Fourteenth Amendment's Equal Protection Clause), Title IX, the Americans with Disabilities Act (ADA), and Section 504 of the Rehabilitation Act — claiming that the ban discriminated on the basis of transgender status, had no viable justification, and caused harm to transgender students by excluding them from social participation. The plaintiffs, represented by private counsel and the National Center for Lesbian Rights, sought declaratory and injunctive relief, as well as attorney’s fees. District Court Judge Jennifer Zipps was assigned to the case.

The challenged statute prohibited schools from allowing transgender girls to play on girls’ teams in interscholastic competitions. In addition, the provision created a private cause of action for any student to sue a school or athletic program that breaches the law if the student believed they suffered a direct or indirect harm as a result. In their complaint, the plaintiffs alleged that the provision discriminated against the plaintiffs based on transgender status, which is a sex-based trait. They argued that because the statute does not have an “exceedingly persuasive justification,” a heightened scrutiny for classifications based on sex, it amounts to a violation of the Equal Protection Clause.

In addition, the plaintiffs claimed that the prohibition violated Title IX by discriminating against transgender individuals. They also argued that the denial of meaningful access to sports programs ran afoul the ADA and Section 504 of the Rehabilitation Act because it constituted discrimination based on a disability (gender dysphoria). The plaintiffs alleged further that the exclusion caused them to experience stigma, denied them various benefits of participating in school sports, and “directly contribute[d] to negative physical and emotional health consequences.”

On the same day they filed the lawsuit, the plaintiffs moved for a preliminary injunction. Members of the Arizona legislature subsequently moved to intervene in the case as defendants. On June 12, 2023, the court allowed them to intervene only to make arguments against the plaintiffs' motion for preliminary injunction. 2023 WL 3956618.

On July 20, 2023, the court granted the plaintiffs' motion for a preliminary injunction. The court found that excluding plaintiffs from school sports causes very serious injury, and emphasized that transgender girls who have not undergone male puberty do not have an athletic advantage over other girls. According to the court, the challenged statute was facially discriminatory against transgender students, and the defendants failed to demonstrate that the provision was substantially related to legitimate goals of ensuring equal opportunities for girls to play sports and to ensure safety. The court characterized the defendant's justification that the provision was necessary to protect girls’ sports as “based on overbroad generalizations and stereotypes that erroneously equate transgender statute with athletic ability.” Thus, the court found that the plaintiffs were substantially likely to succeed on their equal protection and Title IX claims. 683 F.Supp.3d 950. The defendants appealed to the Ninth Circuit Court of Appeals a day later. The district court subsequently denied the defendants' motion for a stay of the injunction pending appeal. 2023 WL 5017231.

Later that year, on December 11, the court dismissed the Title IX and Rehabilitation Act claims against one of the defendants (the private school), holding that those statutes did not apply to it. 2023 WL 11892137.

On June 21, 2024, the court denied the defendants' motion to dismiss the ADA and Rehabilitation Act claims, holding that the plaintiffs had sufficiently alleged claims because those statutes prohibit discrimination based on gender dysphoria. 2024 WL 3091984.

On September 9, 2024, the Ninth Circuit affirmed the lower court's grant of a preliminary injunction. The Ninth Circuit found that the district court did not err by concluding that the Plaintiffs would likely prevail on their Equal Protection claim. The Ninth Circuit held that the Arizona ban discriminates against transgender individuals on its face and that the defendants were unlikely to be able to adequately tie this to the important governmental objectives of preserving fair competition and equal opportunity for female student-athletes. The Ninth Circuit did not address the Title IX claims. 115 F.4th 1083

On October 22, 2024, the defendants asked the Supreme Court to hear the case. As of April 4, 2025, the petition to the Court is still pending (docket 24-449).

	Document
1 4:23-cv-00185	Complaint	April 17, 2023	April 17, 2023 Complaint
101 4:23-cv-00185	Order U.S. Court of Appeals for the Ninth Circuit	June 29, 2023	June 29, 2023 Order/Opinion
127 4:23-cv-00185	Order on Motion For Preliminary Injunction and Findings of Fact and Conclusions of Law	July 20, 2023	July 20, 2023 Order/Opinion 683 F.Supp.3d 950
136 4:23-cv-00185	Order on Motion for Stay Pending Appeal and Request For Administrative Stay	July 31, 2023	July 31, 2023 Order/Opinion 2023 WL 5017231
7-1 23-16026	Intervenor-Defendants-Appellants' Emergency Motion Under Circuit Rule 27-3 for a Stay Pending Appeal U.S. Court of Appeals for the Ninth Circuit	Aug. 1, 2023	Aug. 1, 2023 Pleading / Motion / Brief
160 4:23-cv-00185	Order	Oct. 23, 2023	Oct. 23, 2023 Order/Opinion 2023 WL 6979469
172 4:23-cv-00185	Order	Dec. 11, 2023	Dec. 11, 2023 Order/Opinion 2023 WL 11892137
177 4:23-cv-00185	Order	Jan. 5, 2024	Jan. 5, 2024 Order/Opinion 2024 WL 69645
213 4:23-cv-00185	Order	June 21, 2024	June 21, 2024 Order/Opinion 2024 WL 3091984
218 4:23-cv-00185	Order	July 12, 2024	July 12, 2024 Order/Opinion 2024 WL 3640623

ECF Number	Description	Date	Link Date / Link
1	COMPLAINT. Filing fee received: $ 402.00, receipt number AAZDC-21815575 filed by Kate Roe, James Doe, Helen Doe, Robert Roe. (Proksel, Colin) (Attachments: # 1 Civil Cover Sheet)(JAM) (Entered: 04/18/2023) 1 Civil Cover Sheet View on PACER	April 17, 2023	April 17, 2023 Clearinghouse
2	MOTION to Proceed Via Pseudonym by Helen Doe, James Doe, Kate Roe, Robert Roe. (Proksel, Colin) (Attachments: # 1 Proposed Order)(JAM) (Entered: 04/18/2023) 1 Proposed Order View on PACER	April 17, 2023	April 17, 2023 RECAP
3	MOTION for Preliminary Injunction and MEMORANDUM OF LAW in Support Thereof by Helen Doe, James Doe, Kate Roe, Robert Roe. (Proksel, Colin) (Attachments: # 1 Proposed Order)(JAM) (Entered: 04/18/2023) 1 Proposed Order View on PACER	April 17, 2023	April 17, 2023 RECAP
4	DECLARATION of Dr. Stephanie Budge, Ph.D. in Support of 3 MOTION for Preliminary Injunction and 2 MOTION to Proceed Via Pseudonym by Plaintiffs Helen Doe, James Doe, Kate Roe, Robert Roe. (Proksel, Colin) (JAM) (Entered: 04/18/2023)	April 17, 2023	April 17, 2023 RECAP
5	DECLARATION of Dr. Daniel Shumer, M.D. in Support of 3 MOTION for Preliminary Injunction, 2 MOTION to Proceed Via Pseudonym by Plaintiffs Helen Doe, James Doe, Kate Roe, Robert Roe. (Proksel, Colin) (JAM) (Entered: 04/18/2023)	April 17, 2023	April 17, 2023 RECAP
6	DECLARATION of Jane Doe in Support of 3 MOTION for Preliminary Injunction, 2 MOTION to Proceed Via Pseudonym by Plaintiffs Helen Doe, James Doe, Kate Roe, Robert Roe. (Proksel, Colin) (JAM) (Entered: 04/18/2023)	April 17, 2023	April 17, 2023 PACER
7	DECLARATION of Helen Doe in Support of 3 MOTION for Preliminary Injunction, 2 MOTION to Proceed Via Pseudonym by Plaintiffs Helen Doe, James Doe, Kate Roe, Robert Roe. (Proksel, Colin) (JAM) (Entered: 04/18/2023)	April 17, 2023	April 17, 2023 PACER
8	DECLARATION of Megan Roe in Support of 3 MOTION for Preliminary Injunction, 2 MOTION to Proceed Via Pseudonym by Plaintiffs Helen Doe, James Doe, Kate Roe, Robert Roe. (Proksel, Colin) (JAM) (Entered: 04/18/2023)	April 17, 2023	April 17, 2023 PACER
9	DECLARATION of Kate Roe in Support of 3 MOTION for Preliminary Injunction, 2 MOTION to Proceed Via Pseudonym by Plaintiffs Helen Doe, James Doe, Kate Roe, Robert Roe. (Proksel, Colin) (JAM) (Entered: 04/18/2023)	April 17, 2023	April 17, 2023 PACER
10	SUMMONS Submitted by James Doe, Kate Roe, Robert Roe. (Proksel, Colin) (Attachments: # 1 Summons, # 2 Summons, # 3 Summons, # 4 Summons)(JAM) (Entered: 04/18/2023)	April 17, 2023	April 17, 2023 PACER
11	Filing fee paid, receipt number AAZDC-21815575. This case has been assigned to the Honorable Jennifer G Zipps. All future pleadings or documents should bear the correct case number: CV-23-185-TUC-JGZ. Notice of Availability of Magistrate Judge to Exercise Jurisdiction form attached. (JAM) (Entered: 04/18/2023)	April 17, 2023	April 17, 2023 PACER
12	Summons Issued as to Arizona Interscholastic Association Incorporated, Gregory School, Thomas C Horne, Kyrene School District, Laura Toenjes. (Attachments: # 1 Summons, # 2 Summons, # 3 Summons, # 4 Summons)(JAM). *** IMPORTANT: When printing the summons, select "Document and stamps" or "Document and comments" for the seal to appear on the document. (Entered: 04/18/2023)	April 18, 2023	April 18, 2023 PACER
	Remark re Pro Hac Vice Motion	April 18, 2023	April 18, 2023 PACER
	Remark: Pro hac vice motion(s) granted for Rachel Berg on behalf of Plaintiffs Helen Doe, James Doe, Kate Roe, Robert Roe. This is a TEXT ENTRY ONLY. There is no PDF document associated with this entry. (BAS)	April 18, 2023	April 18, 2023 PACER
	Remark: Pro hac vice motion(s) granted for Justin R Rassi on behalf of Plaintiffs Helen Doe, James Doe, Kate Roe, Robert Roe. This is a TEXT ENTRY ONLY. There is no PDF document associated with this entry. (BAS)	April 19, 2023	April 19, 2023 PACER
13	NOTICE TO THE PARTIES: THE PARTIES ARE ADVISED that motions pursuant to Fed. R. Civ. P. 12(b) are discouraged if the defect can be cured by filing an amended pleading. The parties must meet and confer prior to the filing of such motions to determine whether it can be avoided. FURTHER ORDERED that Plaintiff(s) serve a copy of this Order upon Defendant(s) and file a notice of service. See attached Order for complete details. Signed by Judge Jennifer G Zipps on 4/18/23. (MYE) (Entered: 04/19/2023)	April 19, 2023	April 19, 2023 RECAP
	Remark re Pro Hac Vice Motion	April 19, 2023	April 19, 2023 PACER
	Remark: Pro hac vice motion(s) granted for Amy E Whelan on behalf of Plaintiffs Helen Doe, James Doe, Kate Roe, Robert Roe. This is a TEXT ENTRY ONLY. There is no PDF document associated with this entry. (BAS)	April 19, 2023	April 19, 2023 PACER
	Remark re Pro Hac Vice Motion	April 21, 2023	April 21, 2023 PACER
	Remark: Pro hac vice motion(s) granted for Jyotin Hamid on behalf of Plaintiffs Helen Doe, James Doe, Kate Roe, Robert Roe. This is a TEXT ENTRY ONLY. There is no PDF document associated with this entry. (BAS)	April 21, 2023	April 21, 2023 PACER
14	SERVICE EXECUTED filed by Helen Doe, James Doe, Kate Roe, Robert Roe: Return of Service re: Summons in a Civil Action, Complaint, Civil Cover Sheet, Plaintiffs' Motion to Proceed via Pseudonym, (Proposed) Order Granting Plaintiffs' Motion to Proceed via Pseudonym, Notice of Availability of a United States Magistrate Judge to Exercise Jurisdiction, Declaration of Kate Roe, Declaration of Megan Roe, Declaration of Helen Doe, Declaration of Jane Doe, Declaration of Dr. Daniel Shumer, Declaration of Dr. Stephanie Budge, Plaintiffs' Motion for a Preliminary Injunction and Memorandum of Law in Support Thereof, (Proposed) Order Granting Plaintiffs' Motion for Preliminary Injunction, Notice to the Parties upon The Gregory School on 4/20/2023. (Proksel, Colin) (Entered: 04/25/2023)	April 25, 2023	April 25, 2023 RECAP
15	SERVICE EXECUTED filed by Helen Doe, James Doe, Kate Roe, Robert Roe: Rule 4 Waiver of Service of Summons. Waiver sent on 4/20/2023 to Kyrene School District . (Proksel, Colin) (Entered: 04/26/2023)	April 26, 2023	April 26, 2023 PACER
16	SERVICE EXECUTED filed by Helen Doe, James Doe, Kate Roe, Robert Roe: Rule 4 Waiver of Service of Summons. Waiver sent on 4/20/2023 to Laura Toenjes (in her official capacity). (Proksel, Colin) (Entered: 04/26/2023)	April 26, 2023	April 26, 2023 PACER
17	SERVICE EXECUTED filed by Helen Doe, James Doe, Kate Roe, Robert Roe: Affidavit of Service re: Summons in a Civil Action, Complaint, Civil Cover Sheet, Plaintiffs' Motion to Proceed via Pseudonym, (Proposed) Order Granting Plaintiffs' Motion to Proceed via Pseudonym, Notice of Availability of a United States Magistrate Judge to Exercise Jurisdiction, Declaration of Kate Roe, Declaration of Megan Roe, Declaration of Helen Doe, Declaration of Jane Doe, Declaration of Dr. Daniel Shumer, Declaration of Dr. Stephanie Budge, Plaintiffs' Motion for a Preliminary Injunction and Memorandum of Law in Support Thereof, (Proposed) Order Granting Plaintiffs' Motion for Preliminary Injunction, and Notice to the Parties upon Thomas C. Horne, in his Official Capacity as the State Superintendent of Public Instruction on 4/20/2023. (Proksel, Colin) (Entered: 04/26/2023)	April 26, 2023	April 26, 2023 PACER
18	SERVICE EXECUTED filed by Helen Doe, James Doe, Kate Roe, Robert Roe: Affidavit of Service re: Summons in a Civil Action, Complaint, Civil Cover Sheet, Plaintiffs' Motion to Proceed via Pseudonym, (Proposed) Order Granting Plaintiffs' Motion to Proceed via Pseudonym, Notice of Availability of a United States Magistrate Judge to Exercise Jurisdiction, Declaration of Kate Roe, Declaration of Megan Roe, Declaration of Helen Doe, Declaration of Jane Doe, Declaration of Dr. Daniel Shumer, Declaration of Dr. Stephanie Budge, Plaintiffs' Motion for a Preliminary Injunction and Memorandum of Law in Support Thereof, (Proposed) Order Granting Plaintiffs' Motion for Preliminary Injunction, and Notice to the Parties upon Arizona Interscholastic Association, Inc. on 4/20/2023. (Proksel, Colin) (Entered: 04/26/2023)	April 26, 2023	April 26, 2023 PACER
	Remark re Pro Hac Vice Motion	April 28, 2023	April 28, 2023 PACER
	Remark: Pro hac vice motion(s) granted for Amy Zimmerman on behalf of Plaintiffs Helen Doe, James Doe, Kate Roe, Robert Roe. This is a TEXT ENTRY ONLY. There is no PDF document associated with this entry. (BAS)	April 28, 2023	April 28, 2023 PACER
	Remark re Pro Hac Vice Motion	May 1, 2023	May 1, 2023 PACER
	Remark: Pro hac vice motion(s) granted for Dean John Sauer, Justin D Smith on behalf of Movants Unknown Petersen, Unknown Toma. This is a TEXT ENTRY ONLY. There is no PDF document associated with this entry. (BAS)	May 1, 2023	May 1, 2023 PACER
19	MOTION to Intervene by Warren Petersen and Unknown Toma. (Attachments: # 1 Exhibit A, # 2 Proposed Order)(Smith, Justin) Modified to correct filers on 5/3/2023 (MYE). (Entered: 05/01/2023) 1 Exhibit A View on PACER 2 Proposed Order View on PACER	May 1, 2023	May 1, 2023 RECAP
20	STIPULATION by Thomas C Horne. (Attachments: # 1 Proposed Order Order Granting Stipulated Motion for Extension and Briefing Schedule on Plaintiffs' Motion for Preliminary Injunction and Answer/Response to Complaint)(Wilenchik, Dennis) (Entered: 05/02/2023) 1 Proposed Order Order Granting Stipulated Motion for Extension and Briefing Sched View on PACER	May 2, 2023	May 2, 2023 RECAP
21	MOTION to Change Venue/Transfer Case to Phoenix Division by Thomas C Horne. (Wilenchik, Dennis) (Entered: 05/02/2023)	May 2, 2023	May 2, 2023 RECAP
22	STIPULATION FOR EXTENSION OF TIME TO ANSWER COMPLAINT by Gregory School. (Attachments: # 1 Proposed Order Proposed Order)(Potts, David) (Entered: 05/04/2023)	May 4, 2023	May 4, 2023 PACER
23	NOTICE re: No Objection by Gregory School re: 2 MOTION to Proceed Via Pseudonym . (Potts, David) (Entered: 05/04/2023)	May 4, 2023	May 4, 2023 PACER
24	MOTION to Expedite Expedited Briefing and Consideration of Defendant Horne's Motion to Transfer (Doc. 21 ) by Thomas C Horne. (Attachments: # 1 Proposed Order Proposed Order)(Wilenchik, Dennis) Modified to add link to related document on 5/5/2023 (MYE). (Entered: 05/04/2023)	May 4, 2023	May 4, 2023 RECAP
25	ORDER that the 20 Stipulated Motion for Extension and 22 Stipulation to Extend Time are GRANTED. IT IS FURTHER ORDERED that Defendants Horne and The Gregory School must respond to the Complaint and to Plaintiff's 3 Motion for Preliminary Injunction on or before May 18, 2023. Plaintiffs' reply in support of the Motion for Preliminary Injunction is due on or before June 1, 2023. Signed by Judge Jennifer G Zipps on 5/4/23. (See attached Order for complete details)(JAM) (Entered: 05/05/2023)	May 5, 2023	May 5, 2023 PACER
26	RESPONSE to Motion re: 24 MOTION to Expedite Expedited Briefing and Consideration of Defendant Horne's Motion to Transfer filed by Helen Doe, James Doe, Kate Roe, Robert Roe. (Proksel, Colin) (Entered: 05/05/2023)	May 5, 2023	May 5, 2023 PACER
27	RESPONSE in Opposition re: 21 MOTION to Change Venue/Transfer Case to Phoenix Division filed by Gregory School. (Potts, David) (Entered: 05/08/2023)	May 8, 2023	May 8, 2023 PACER
28	First MOTION for Extension of Time to File Answer re: 1 Complaint by Arizona Interscholastic Association Incorporated. (Attachments: # 1 Proposed Order)(Nelson, Kristian) (Entered: 05/08/2023)	May 8, 2023	May 8, 2023 PACER
29	ORDERED that Defendant Horne's Motion for Expedited Briefing (Doc. 24 ) is DENIED. In accordance with the Local Rules of Civil Procedure, Plaintiffs' response to the Motion to Transfer is due on or before May 16, 2023. Defendant Horne's reply, if any, is due on or before May 23, 2023. Signed by Judge Jennifer G Zipps on 5/9/23. (MYE) (Entered: 05/10/2023)	May 10, 2023	May 10, 2023 RECAP

Case: Doe v. Horne

4:23-cv-00185 | U.S. District Court for the District of Arizona

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