Prop. 318 would expand Arizona’s existing restrictions on girls’ sports

By Stacy Mantle
Mail

Arizona voters will decide this November whether to expand the state's existing restrictions on participation in girls' sports while adding new requirements for locker rooms, restrooms and other spaces connected with athletics.

Proposition 318, known as the Protect Girls’ Sports in Arizona Act, would expand Arizona’s existing restrictions on participation in girls’ sports to additional schools and athletic associations. It would also restrict access to certain spaces connected with athletics based on biological sex and expand who may sue over alleged violations. 

The measure, referred to voters by the Legislature as HCR 2003, would take effect Jan. 1 if approved in the Nov. 3 general election.

Prop. 318 goes beyond existing law

Arizona law currently requires interscholastic and intramural teams at public and private schools that compete against public schools to be designated as male, female or coed based on biological sex. Current law also prohibits students classified as male under the law from participating on teams designated for girls or women.

Prop. 318 would extend the requirements to athletic associations that sponsor interscholastic or intramural sports. The measure defines an athletic association as a league, corporation, association or organization whose primary purpose is sponsoring or administering extracurricular athletic contests or competitions.

One significant change involves athletic facilities.

Schools and athletic associations that provide restrooms, locker rooms, showers or other private spaces "integral to athletic engagement" could not authorize an individual to use a space designated for a sex other than the individual's sex as defined by the proposition.

Measure expands ability to sue

Prop. 318 also would expand the law's civil enforcement provisions.

An athlete deprived of an athletic opportunity or suffering direct or indirect harm because a school or athletic association knowingly violated the law could bring a civil action seeking damages and other relief.

The proposition also provides a cause of action for retaliation against someone who reports an alleged violation.

Arizona's existing law already allows students to sue schools for knowing violations and permits a prevailing plaintiffs to recover monetary damages, including damages for psychological, emotional or physical harm, as well as attorney fees and costs.

Prop. 318 would broaden portions of those provisions to include athletes and athletic associations.

Supporters cite fairness and privacy

Supporters argue Prop. 318 would preserve athletic opportunities for girls while establishing statewide rules for locker rooms, restrooms and other private spaces associated with athletics.

Rep. Selina Bliss, R-Prescott, the prime sponsor of HCR 2003, said the measure is intended to protect both athletic opportunities and private spaces for female students.

“Every young girl’s athletic dreams need to be preserved and her physical safety protected,” Bliss wrote in an argument submitted for the state's official publicity pamphlet.

Superintendent of Public Instruction Tom Horne also submitted an argument supporting the measure.

“Title IX was passed because we all believe girls should have an equal chance as boys to compete and to excel,” Horne wrote.

Supporters contend physiological differences between males and females can affect competitive fairness and safety and say sex-separated athletic facilities provide privacy for female athletes.

Opponents question expansion and enforcement

Opponents argue Prop. 318 would discriminate against transgender students, expose schools to additional litigation and raise questions about how some of its requirements would be enforced.

“Arizona already has a law banning trans athletes from competing in public school sports,” Darrell Hill, policy director for the ACLU of Arizona, wrote in an argument submitted for the state's official publicity pamphlet.

The ACLU argues Prop. 318 would expand those restrictions while applying the same rules across different ages, sports and levels of competition.

Some educators have raised questions about how schools would implement the provision governing private spaces associated with athletics.

Erin Henderson, a Phoenix public school teacher with 22 years in education, questioned in her submitted argument what would make a restroom “integral to athletic engagement” and whether teachers could be placed in the position of determining which students may use particular facilities.

Opponents also argue transgender students should be allowed to participate in sports consistent with their gender identity and that athletic organizations should be able to establish participation rules appropriate to individual sports and levels of competition.

What changes if voters approve it?

The central question for voters is not whether Arizona should restrict participation on girls' school sports teams. State law already contains such restrictions.

Prop. 318 would expand the law to additional schools and athletic associations, establish restrictions governing private spaces associated with athletics and broaden portions of the law's civil enforcement provisions.

The Arizona Interscholastic Association did not respond to questions about whether the measure would require changes to its current policies or procedures. We also reached out to Superintendent Tom Horne and Education Forward Arizona who chose not to comment on the measure. 

If approved, schools and athletic organizations would have roughly two months between Election Day and the measure's Jan. 1 effective date to implement the new requirements.

A "yes" vote would enact the expanded requirements. A "no" vote would leave Arizona's existing student athletics law in place.

Editor’s note:   A grant from the Arizona Local News Foundation made this story possible. The foundation awarded 15 newsrooms to pay for solutions-focused education reporters for two years. Please submit comments at yourvalley.net/letters or email them to AzOpinions@iniusa.org. We are committed to publishing a wide variety of reader opinions, as long as they meet our Civility Guidelines.

Stacy Mantle
Education Solutions Reporter

smantle@iniusa.org

Meet Stacy
Stacy Mantle is joining the team at Independent Newsmedia, Inc. as an Education Solutions journalist, thanks to a grant from the Arizona Community Collaborative. She has a long history in education that ranges from teaching junior high and middle school to developing curriculum and standards-based assessments.

Community: A longtime advocate for animal welfare, Stacy is deeply involved in rescue efforts and volunteers with several nonprofit organizations.

Random Fact: Once upon a time, she shared her home with a pet coyote and two wolf hybrids. The experiences were wild enough to become the subject of her first book!

Education: She holds a BA in English with a minor in Political Science, a Post-baccalaureate in Secondary Education, and an MBA with a emphasis on Marketing.

Hobbies: In her spare time, Stacy writes fast-paced urban fantasy novels, crafts small-batch artisan soap, and is always up for hiking or off-roading through the Arizona wilderness with her husband of 23 years.