Lawsuits filed against 2 more education-related ballot measures from Arizona lawmakers

Two more lawsuits have been filed challenging the legality of education-related measures referred to Arizona’s November ballot by Republican lawmakers, bringing the total to three.

Judges are being asked to block the measures approved earlier this month by the Legislature through the following house concurrent resolutions:

• HCR2003, which would require public or private schools with sports programs to base competition on the biological sex of participants unless the teams are co-ed.
• HCR2040, which would ban school districts from using public funds and resources to support teachers’ unions.

Concurrent resolutions allow lawmakers to refer measures to voters without the governor’s approval.

Political committee Will of the People and two Valley faith leaders filed the lawsuit targeting the Protect Girl’s Sports in Arizona Act, which was referred through HCR2003.

The lawsuit claims the measure would harm transgender youth by taking away athletic opportunities and providing no restrictions on the lengths schools can go to confirm what a child’s gender is. The complaint argues the measure would also be dangerous for transgender girls forced to shower and change in the same locker room as cisgender boys.

Lawsuits argues that ballot measures violate state Arizona Constitution

The lawsuit also alleges that the measure goes against the Arizona Constitution “to the point of fraud” by misleading voters with its name and by containing two elements, which would be a violation of the state’s separate amendment rule. First, it requires schools to use biological sex as the basis for teams that aren’t co-ed, and second, it places restrictions on the use of restrooms, locker rooms and showers for all individuals, not just athletes.

Joel Edman with Will of the People explained the measure is too broad. He said the right to protect girls from discrimination in sports should be separated from what could be a discriminatory ban.

“What this is about is bullying our kids and targeting and singling out kids, especially girls, for particular scrutiny and gender checks if they’re perceived to be too good at sports,” he told KTAR News 92.3 FM on Friday.

Teachers union Arizona Education Association is leading the lawsuit targeting the ballot measure created through HCR2040, arguing that it, too, violates the Arizona Constitution.

The suit alleges that the measure includes details that are not evident in the its wordy title: Proposing an amendment to the constitution of Arizona; amending article XVIII, constitution of Arizona, by adding section 11; relating to labor organization use of public resources.

The title references labor organizations’ use of public resources but does not mention the school district employees also impacted by the resolution, the lawsuit says. The lawsuit also alleges the measure illegally combines two subjects: the restrictions against school districts funding unions, and a ban on the state from negotiating with unions.

Marisol Garcia, president of the Arizona Education Association, said in the past the measure would prevent teachers from communicating on behalf of a union during school hours and on school property, and would ultimately harm students.

Earlier this week, teacher-backed groups trying to reform Arizona’s Empowerment Scholarship Account (ESA) school voucher program filed a lawsuit to block the Military Families College Savings and Scholarship Protection Act from appearing on the November ballot, using similar legal arguments about the title and inclusion of more than one element.

Funding for this journalism is made possible by the Arizona Local News Foundation.

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