Court To Rule On A Trans Athlete Case.

Out in Idaho the court is set to hear the arguments for a law that bans trans athletes.

Freeze on Idaho’s transgender athlete ban faces new challenges
The Spokesman-Review
By Blake Jones
November 27, 2021


Idaho’s Fairness in Women’s Sports Act, which bars transgender women and girls from competing on collegiate and K-12 women’s and girls’ sports teams, hasn’t been active for over a year while it’s being challenged in court. Now, the law’s defenders are pushing a federal district court to unfreeze enforcement.

The legal challenge, made in the Hecox v. Little case, led a judge to freeze, or enjoin, the ban in August 2020 to prevent “irreparable” harm to two student-athletes who brought forth the challenge. But in June, a higher court remanded, or sent the case back to a lower court, because both students were no longer enrolled in their perspective schools and wouldn’t be immediately affected by the law. As stakeholders make written arguments to that lower court this month, the near-term fate of the Idaho law could depend on whether a judge believes one of those athletes, a transgender woman named Lindsay Hecox, still has a stake in the case.

The Idaho Attorney General’s office, tasked with defending the law, argues she doesn’t. Hecox withdrew from Boise State University a week after unsuccessfully trying out for the women’s cross-country team last school year, rendering her claims moot, a brief filed earlier this month by the Attorney General argued.

“For over a year, the preliminary injunction impinged Idaho’s sovereignty while providing no relief to Hecox,” the brief reads.

Yeah… they are defending their right to discriminate against a group of people in violation of the Fourteenth Amendment.

Then when courts try to decide who’s a woman and whose not opens a whole new avenue to discrimination and invasive procedures.

The second woman listed in the case is Kayden Hulquist, a cisgender soccer player who worried she’d have to undergo invasive medical exams to verify her sex when she played for Boise High School. Hulquist, referred to as Jane Doe when she was a minor, has since graduated. That’s another reason the Ninth Circuit Appeals Court remanded the case to a district court to unpack the mootness challenge being made before the case moves forward.

When the International Olympic Committee tried to do that they were bogged down in a quagmire, Mother Nature doesn’t care about legal niceties.

The Attorney General has been active in defending the ban nationally, too. Wasden’s office signed onto a letter clashing with the Biden administration on transgender student protections in July of this year, and joined a related lawsuit in August. Wasden’s office cited its stake in Hecox v. Little in making both moves.

You would think that as a lawyer that the Attorney General would be cognizant of the Supreme Court ruling on Title VII, the Bostock v. Clayton County case?