Idaho Gov. Brad Little sent a message to schools in the state on Wednesday when he issued an executive order enforcing the Defending Women in Sports Act, the latest move in a nationwide effort to counter attempts by the Biden-Harris Administration to reform Title IX and prevent biologically male women from participating in women's sports.
In an exclusive interview with Fox News Digital on Friday, Little did not rule out the possibility that schools could administer gender eligibility tests to students seeking to compete in girls' sports, but added that more evidence is needed before making a decision.
“Are we going to require blood testing for everyone participating in women's sports? There has to be hard evidence that it's necessary,” Little said when asked about the tests, which often measure hormone levels and chromosomes to determine gender eligibility.
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Gender eligibility testing came into the spotlight earlier this year when the International Boxing Federation (IBF) said it had disqualified female boxers Imane Kherif and Lin Yuting from the 2023 world championships because they failed to meet gender eligibility requirements. IBF president Umar Kremlev claimed that unreleased DNA test results showed the two boxers have XY chromosomes, the default combination for men.
Both boxers won gold medals at this year's Paris Olympics, and the International Olympic Committee (IOC) defended Kherif and Lin in a statement on August 1, saying they “complied with the eligibility and entry rules of the Games, as well as all applicable medical regulations established by the Paris 2024 Boxing Unit (PBU).”
Khelif filed a lawsuit in France alleging “vicious cyber harassment” over the public reaction to his participation.
Imane Kherif of Algeria competes against Anna-Luka Hamori of Hungary during the women's 66 kg quarterfinals at the Paris 2024 Olympic Games at the Paris Arena in Villepinte, France on August 3, 2024. (Mehmet Murat Oner/Anadolu via Getty Images)
Little did not specify that individuals in similar situations to Khelife and Lin would be barred from women's sports, instead saying any restrictions would focus on athletes who competed in men's sports.
“Obviously, for someone in that position, someone who previously competed in a men's sport and then switched to a women's sport, to compete in a women's sport is something the good people of Idaho certainly think is wrong and should not happen,” Little said.
Governor Little said there had been no specific incidents in his state of biological males attempting to participate in girls' or women's sports that would trigger the new law, but he claimed he had received calls from parents worried about their daughters having to compete against men in the future.
The only example he gave was the case of former college swimmer and Outkick host Riley Gaines, who is scheduled to testify in Georgia about her experiences competing with Leah Thomas, who is biologically male, and sharing a locker room with him.
Gaines is joined by four NCAA All-American female athletes who filed a lawsuit against the NCAA in March alleging the association violated Title IX by knowingly allowing Thomas to compete. Gaines was also present when Little announced the executive order to reporters on the steps of the Idaho State Capitol earlier this week.
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Leah Thomas finishes fifth in the 200-meter freestyle during the 2022 NCAA Division I Women's Swimming and Diving Championships at the McCauley Aquatics Center on the Georgia Tech campus on March 18, 2022 in Atlanta. (Photo by Mike Comer/NCAA via Getty Images)
But to Little, Gaines' case represents a threat to the current administration's Title IX final rules, passed this month, which seek to protect against discrimination “based on sex stereotypes, sexual orientation, gender identity, and sex characteristics.”
On August 16, the Supreme Court ruled 5-4. Defeat The Biden administration denied an emergency request to enforce those protections, but conservative Justice Neil Gorsuch, in a dissenting opinion joined by three liberal justices, argued that state laws and safeguards like Little's were “overbroad.”
“I'm a fan of Justice Gorsuch and I'll always rule in his favor, but if in fact the decision was too broad, let's file a new lawsuit and address the specific points about Title IX and wanting to 'protect' women's sports from unfair competition. That's it,” Little said in response to Gorsuch's resignation.
The Biden administration has maintained that the Title IX changes will not affect athletes' eligibility. However, multiple experts and witnesses have Evidence presented Fox News Digital suggested the change means biological males can now compete in women's athletics, and will likely continue to do so in the future.
Given Kamala Harris’ potential win of the White House in November and the current administration’s ongoing revisions to Title IX, Little knows the state may face an uphill battle going forward in maintaining his desired protections for women’s sports.
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New Zealand's Laurel Hubbard, the first transgender Olympic athlete, failed on her final attempt in the women's 87kg weightlifting final at the 2020 Tokyo Olympics. (Wally Scalisi/Los Angeles Times via Getty Images)
Asked whether he expected that orders passed by the governor would mean his schools would lose federal funding if Harris wins, Little said, “We'll cross that bridge when the time comes.”
“From a national perspective, there are small, radical groups that want to change the existing rules. I am confident in the rules we have, and as the state of Idaho, we will be aggressive in our legal and legislative efforts to protect our female athletes and the great strides they have made thanks to Title IX.”
If Trump wins in November, Little expects the current administration's Title IX changes to be reviewed “very closely.”
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