State by State · Proposition 318 passed
On November 3, 2026, Arizona voters passed Proposition 318, on sex-based eligibility in school athletics and access to private spaces, with about 59% of the vote in unofficial returns. The Associated Press called the race early on November 4. It takes effect January 1, 2027, extending Arizona’s 2022 Save Women’s Sports Act to private schools and athletic associations and adding protections for locker rooms and showers.
ICONS has also filed two briefs defending Arizona’s Save Women’s Sports Act. On June 30, 2026, the Supreme Court vacated the Ninth Circuit’s ruling against the law and sent the case back in light of West Virginia v. B.P.J.
The law in Arizona
Law in force · Ballot measure passed Nov. 3, 2026 (results unofficial) · Covers K-12 and colleges
Arizona has kept girls' school and college teams for females since 2022, and that law survived the court fight that ended in 2026. On November 3, 2026 voters approved Prop 318 (unofficial), which extends the rule to private schools and athletic associations and adds locker-room protections starting in 2027.
Past attempts
Gov. Hobbs vetoed similar bills in 2023, 2024 and 2025 (yournews), including SB 1628, the “Arizona Women’s Bill of Rights” (which would have separated sports teams and locker rooms by sex), vetoed April 2024; no override (Republicans lack two-thirds) (AZ Mirror; Washington Times).
The law in detail, with sources
The law
SB 1165, “Save Women’s Sports Act,” signed by Gov. Doug Ducey in March 2022 (KTAR; Cronkite News); codified at A.R.S. 15-120.02. Proposition 318 (HCR 2003, “Protect Girls Sports in Arizona Act”), referred by the Republican legislature to the Nov. 3, 2026 ballot after Gov. Katie Hobbs’s vetoes (yournews; AZ SOS argument filing), passed 1,358,417 to 946,350 (58.9% yes) with all 15 counties reporting as of November 7 (KTAR results, Nov. 7); the Associated Press called it on November 4, and results are unofficial until certified (ABC15; yournews).
Who it covers
2022 law: public K-12 schools, private schools that compete against public schools, and institutions of higher education (A.R.S. 15-120.02). Prop 318 amends 15-120.02 to reach private schools and athletic associations, defines sex by the original birth certificate, and takes effect Jan. 1, 2027 (KTAR).
Notes
2022 law: private causes of action for girls denied opportunities or retaliated against, and for schools; bars state agencies, accreditors and athletic associations from investigating or punishing a school for keeping girls’ teams (A.R.S. 15-120.02). Prop 318 adds bathrooms, showers and locker rooms “integral to athletic engagement” by sex and lawsuits against schools/associations that knowingly violate it (KTAR). Court: in Doe v. Horne a federal judge enjoined the law for two male plaintiffs in July 2023; the Ninth Circuit affirmed Sept. 9, 2024 (NCLR; opinion). AG Kris Mayes declined to defend the law; legislative leaders defended it (KJZZ). After the June 30, 2026 Supreme Court ruling, the last plaintiff withdrew in July 2026 and the case was dismissed (KTAR; NCLR). The injunction only ever covered the two plaintiffs; the law was otherwise in effect (KJZZ). A suit by ministers and Progress Arizona challenged the ballot measure (single-subject/title) in June 2026; the measure stayed on the ballot (Cronkite News; Fox 10). ACLU of Arizona argues Prop 318 violates private schools’ First Amendment rights, so new litigation is possible (KTAR).
What ICONS has done in Arizona
- April 23, 2024 · Marshi Smith, a University of Arizona swimming alumna, spoke at a “Keeping Women’s Sports Female” forum in Tucson
- May 24, 2023 · Marshi Smith, a former University of Arizona swimmer, stood with Superintendent Tom Horne in Phoenix as he explained why he was defending Arizona’s Save Women’s Sports Act in court, which the attorney general had declined to do
In the courts and statehouses
March 11, 2026 · Arizona Senate Education Committee
Kaylie Ray testifies for Arizona’s Protect Girls’ Sports measure
Kaylie Ray, a former Utah State volleyball captain and a plaintiff in the ICONS-backed Mountain West lawsuit, testified for HCR 2003 about facing a male athlete on an opposing NCAA women’s team. The committee advanced it 4–3, and voters approved it as Proposition 318 on November 3, 2026.
December 23, 2024 · U.S. Supreme Court
Ninth Circuit ruling vacated
Amicus brief in Petersen v. Doe (Arizona’s Save Women’s Sports Act)
ICONS asked the Court to hear Arizona legislative leaders’ petition defending the state’s women’s sports law. The brief was submitted late with a request for leave, which the Court denied on June 30, 2026, when it also vacated the Ninth Circuit’s ruling in light of West Virginia v. B.P.J.
“Recognizing biological differences between the sexes and protecting women’s spaces from male intrusion are foundational for women to succeed in sports and in life.” From the brief, p. 3
Outcome: On June 30, 2026, the Court granted the petition, vacated the Ninth Circuit's judgment and sent it back for reconsideration in light of West Virginia v. B.P.J.; the same day it denied ICONS's motion to file its brief late. Source
September 15, 2023 · U.S. Court of Appeals, Ninth Circuit
Lost; Supreme Court later vacated
Amicus brief in Doe v. Horne (Arizona’s Save Women’s Sports Act)
ICONS supported Arizona officials appealing an injunction that let two male students play on girls' teams despite the state's law. The Ninth Circuit affirmed the injunction on Sept. 9, 2024.
Outcome: The Ninth Circuit affirmed the injunction on Sept. 9, 2024; on June 30, 2026, the Supreme Court vacated that judgment and sent the case back in light of West Virginia v. B.P.J. Source
Athletes in ICONS-backed lawsuits
- Kaylie Ray, volleyball, Utah State, from Arizona · Slusser v. Mountain West