Appeals court hearing arguments on Idaho's transgender sports ban

IDAHO — Oral arguments for Hecox v. Little in the U.S. Court of Appeals for the 9th Circuit start Monday, May 3. Governor Brad Little signed the Fairness in Women's Sports Act (HB 500) in 2020 banning transgender women from participating in girl's sports.

The ACLU of Idaho and feminist organization Legal Voice filed a lawsuit against the bill on behalf of plaintiff Lindsay Hecox, a transgender female aspiring to run track at Boise State University.

"That was the intended goal of this legislation was to exclude girls who are trans and girls that have differences in sex development and so those are equal protection claims and we feel like that came through very strongly today," Catherine West, Staff Attorney for Legal Voice said.

The U.S. District Court ruled against Governor Little and put a halt on the Fairness in Women's Sports Act from being implemented. The Alliance Defending Freedom representing two Idaho State University track athletes appealed the decision.

"Our argument to the appeals court today and our consistent argument, in this case, is based on well-established science of the differences between male and female bodies," Roger Brooks, ADF Senior Counsel said. "To preserve fairness and safety for girls it is necessary to protect female athletes from the competition with biological males regardless of their gender identity."

The 9th District Circuit will either rule in favor of the District Courts' decision allowing transgender women to compete in girl's sports, or overturn the ruling.