State’s attorneys argue for Supreme Court to hear transgender athletics case

The U.S. Supreme Court should stick with its plan to hear Idaho’s case for its transgender athletics ban, attorneys for the state argued Friday.

The state’s response came 24 days after Lindsay Hecox said she wanted to drop the matter. Hecox, a transgender student at Boise State University, has fought Idaho’s law since its passage in 2020. She now says her complaint is moot since she plans to graduate next year and has no plans to play sports at Boise State.

The state’s attorneys accused Hecox of “gamesmanship,” since the U.S. Court of Appeals for the Ninth Circuit has sided with her by blocking the Idaho law from going into effect.

The state’s attorneys say Idaho and Boise State still have a stake in this case, since they’re unable to enforce state law. And they argue that Hecox still has a stake, since she could decide to again play or try out for women’s sports at Boise State.

“This case is not moot simply because Hecox claims to have decided not to play women’s sports,” according to Friday’s filing, co-signed by Attorney General Raúl Labrador’s office and Alliance Defending Freedom, a conservative legal organization based in Washington, D.C.

The state’s legal team argues that the Supreme Court should not allow Hecox to manipulate its calendar.

The Supreme Court agreed in July to hear Idaho’s appeal — promising a landmark ruling on transgender athletics. Idaho was the first state to pass a law banning transgender athletes from competing in women’s and girls’ sports. Twenty-six other states have passed similar laws. The Supreme Court plans to take up a West Virginia transgender ban alongside Idaho’s law.

A hearing on the matter could come later this fall.

Kevin Richert

Kevin Richert

Senior reporter and blogger Kevin Richert specializes in education politics and education policy. He has more than 35 years of experience in Idaho journalism. He is a frequent guest on "Idaho Reports" on Idaho Public Television and "Idaho Matters" on Boise State Public Radio. He can be reached at krichert@idahoednews.org

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