House Republicans in Arizona are taking steps to defend a state law concerning changes to sex markers on birth certificates after the state’s Attorney General, Kris Mayes, did not move forward with an appeal of a recent federal court ruling.
On September 30, 2025, U.S. District Judge James Soto issued a permanent injunction that prevents the enforcement of A.R.S. § 36-337’s requirement for a “sex change operation” before a person can amend the sex marker on their birth certificate. The court’s order instructs the Arizona Department of Health Services to update its regulations within 120 days and permits changes to birth certificates based on a doctor’s attestation of a “sex change.”
Speaker Montenegro commented on the situation: “Arizona’s laws are not optional. When a federal court rewrites a statute, the Legislature has a duty to defend it. If the Attorney General won’t defend Arizona’s laws, we will. The ruling now opens the door for anyone to change the sex marker on a birth certificate with just a doctor’s note, erasing decades of statute and undermining the integrity of vital records. House Republicans are moving to intervene, seek a stay, and take this case to the Ninth Circuit so the law as written is defended.”
The motion filed by House Republicans asks the court to allow Speaker Montenegro and Senate President Warren Petersen to intervene in order to appeal the summary judgment, permanent injunction, and final judgment orders. They are also requesting a stay on the injunction while the appeal is under review. The filing notes that repeated inquiries have been made to the Attorney General’s Office since October 1 about whether an appeal would be pursued but no decision has been communicated.
Earlier in 2025, Republican Representative Rachel Keshel sponsored HB 2438 during the legislative session. The bill aimed to maintain accuracy in vital records and prevent changes to sex markers on birth certificates. The bill was vetoed by Democratic Governor Katie Hobbs.
Michael Carbone, a Republican elected in 2023, represents Arizona’s 25th House District after succeeding Michelle Udall.
A copy of the legal filing is included with today’s announcement.
