UPDATE, 3/1, 4:30pm: "UPDATE: Republican Leg Leaders Refuse To Sit For Depositions While Defending Law Banning Transgender Girls From Playing On Girls' Teams; Judge Asked To Compel Them"
Arizona's Republican legislative leaders intervened to defend their law banning transgendergirls from competing on schools girls' sports teams, but they are refusing to sit for depositions. So, plaintiffs in the case today asked a federal judge to compel them to answer questions.
Discovery is continuing while the 9th Circuit is about to hear oral arguments on Public Schools Superintendent Tom Horne appeals the preliminary injunction keeping Arizona's ban from going into efect.
Plaintiffs also note that House Speaker Ben Toma and Senate Majority Leader Warren Petersen first declined to turn over documents, claiming privilege. However, many of the documents were already publicly available on the Legislature's website.
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Original article, 1/5/24: "UPDATE: Tom Horne STRIKES OUT On Demanding Jury Trial To Defend Arizona's Law Banning Transgender Girls From Playing On Girls' Teams"
Arizona Superintendent of Public Instruction Tom Horne has lost another ruling in his effort to defend Arizona's law banning transgender girls from competing on girls' teams in schools.
Horne demanded a jury trial. The girls challenging the law objected. Horne countered by asking for an "advisory jury", saying that citizens "would not make the same factual errors that the Court has made in its ruling on the preliminary injunction" (as the judge summarized).
U.S. District Court Judge Jennifer Zipps took issue with Horne's characterization of her ruling - which is currently on appeal and scheduled for oral arguments in front of a 9th Circuit panel in March - and ruled today against any jury in the case.
And, although jurors provide a valuable service in finding facts and applying the law in many cases, Defendant Horne’s reference to the advisory jury as “the effected community” suggests that he seeks advisory jurors whose personal beliefs about the propriety of A.R.S. § 15-120.02 might color their determination of the factual issues. Whether A.R.S. § 15-120.02 is constitutional, or whether A.R.S. § 15-120.02 violates laws enacted by Congress, are not issues to be determined by popular vote.
Tom Horne, GOP legislative leaders Ben Toma and Warren Petersen, and "USA Women of Action"/"America First Legal" are all trying to defend the constitutionality of the 2022 law.
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