Lawyers representing Lindsay Hecox, a transgender athlete involved in an upcoming Supreme Court case regarding protections for women’s sports, have issued a response after a federal judge ruled against her bid to dismiss the case.
Hecox initially initiated the lawsuit back in 2020 to challenge HB500, an Idaho law that prohibits men from competing in women’s sports, specifically aiming to participate in Boise State’s women’s cross country team. The Supreme Court agreed to consider her case in July, alongside a similar matter from West Virginia involving transgender athletes.
After her attempt to file a case against the state of Idaho was dismissed by Governor Brad Little in September, her attorneys from the American Civil Liberties Union (ACLU), Cooley LLP, and Legal Voices released a statement. This came after U.S. District Judge David Nye rejected her motion to counter the lawsuit.
The statement noted, “Lindsay has stepped back from the women’s athletic program impacted by HB 500 to focus on her education at Boise State University, as well as her personal well-being. She has withdrawn her legal challenge to Idaho HB 500, although the situation remains unchanged.” The statement also mentioned that the U.S. Supreme Court would review a similar law in the case of State of West Virginia vs. BPJ. “We will persist in advocating for the rights of all women and girls, including those who are transgender,” it continued.
Originally, when Hecox filed her lawsuit, she was joined by an anonymous female student, referred to as Jane Doe, who expressed concern about the complications arising from gender identity evaluations. The case had initially succeeded when a federal judge issued an injunction against the Idaho law.
A 2023 ruling from a panel of the 9th Circuit Court of Appeals upheld the injunction against the state law before the Supreme Court agreed to take up the matter in July. Last month, Hecox requested that the Supreme Court dismiss the challenge, asserting that she had resigned from women’s sports and would not be competing at Boise State University or in Idaho.
Madison Kenyon, a former cross country and track runner from Idaho State University, voluntarily became one of the defendants in this case after facing a transgender athlete during her freshman year. Reflecting on her experience, Kenyon recalled how her coach gathered the team to inform them about competing against male athletes. “I remember looking around and thinking about how the team would react. Ultimately, we decided to give it our all, but it wasn’t fair when that male athlete consistently outperformed us,” she shared.
Although Hecox’s dismissal efforts aren’t entirely concluded, the Supreme Court must still decide on the overall issue. Idaho Attorney General Raul Labrador, leading Hecox’s defense, views Judge Nye’s ruling as a promising indicator for their case’s potential to reach the Supreme Court, aiming for a significant ruling that could set a new national precedent.
Labrador has previously expressed hope that the Supreme Court will make a decision with broader implications, aiming to clarify whether men can participate in women’s sports and if transgender individuals are protected under federal and state laws.
