Share
News

Court Hears Arguments in Legal Battle Over Nation's 1st Law Banning Males from Women's Sports

Share

A U.S. appeals court on Monday gave little indication of how it might rule on the constitutionality of the first law in the nation banning men and boys from playing on female sports teams.

The three-judge panel of the 9th U.S. Circuit Court of Appeals heard virtual arguments in the case that could have far-reaching consequences as more states follow Idaho’s lead.

Idaho passed its law last year, and more than 20 states have considered such proposals this year.

Bans have been enacted in Alabama, Arkansas, Mississippi, Tennessee and West Virginia. Florida passed a ban that Gov. Ron DeSantis has said he will sign into law, and South Dakota’s governor issued an executive order.

On Monday, Republican lawmakers in Kansas failed to override Democratic Gov. Laura Kelly’s veto of a proposed ban.

Trending:
Legal Expert Jonathan Turley Has Bad News for the Bidens as Hunter's Trial Winds Down

The judges on Monday focused at one point on whether the case was still relevant because one of the plaintiffs, Lindsay Hecox, had dropped out of Boise State University after failing to qualify for the women’s cross country team. His attorney said Hecox planned to return in the fall and try out for the team again.

It’s possible the court could rule the case is no longer relevant and dismiss it without ruling on its merits.

Roger Brooks, an attorney with a Christian conservative group defending the Idaho law, said he hoped that would not happen because the case needed a definitive ruling.

Do you think Idaho's law is constitutional?

“This is a situation that is live and is going to be ongoing,” he said at a news conference after the arguments.

Supporters say such laws are needed because male athletes have physical advantages over females. Opponents say the laws are discriminatory and, in Idaho, an invasion of privacy.

“Ultimately, this is law that harms all women and girls,” said Chase Strangio, an attorney with the American Civil Liberties Union, which is seeking to stop the law from taking effect.

The law prohibits males who identify as female from playing on female teams at public schools, colleges and universities.

It does not apply to men’s teams, which prompted one judge to question whether the law is discriminatory.

“They’re not barred,” Judge Andrew Kleinfeld said. “Anybody can play on the boys’ team whether they’re transgender or not.”

Related:
Conservative Dad Who Fought Against CRT, LGBT Agenda Dies at Age 53

The ACLU and Legal Voice women’s rights group sued last year on behalf of Hecox and an unnamed Boise-area high school student.

The lawsuit contends the law violates the 14th Amendment’s Equal Protection Clause and the Fourth Amendment’s protections against invasion of privacy because of tests required should an athlete’s gender be challenged.

A federal judge in Idaho temporarily blocked the law from taking effect last year. Idaho and the Alliance Defending Freedom appealed.

The group is representing Madison Kenyon of Johnston, Colorado, and Mary Marshall of Twin Falls, Idaho, who run track and cross country on scholarships at Idaho State University and are concerned they could have to compete against men.

The appeals court didn’t indicate when it might issue a ruling.

The Western Journal has reviewed this Associated Press story and may have altered it prior to publication to ensure that it meets our editorial standards.

Truth and Accuracy

Submit a Correction →



We are committed to truth and accuracy in all of our journalism. Read our editorial standards.

Tags:
, , , , , , , ,
Share
The Associated Press is an independent, not-for-profit news cooperative headquartered in New York City. Their teams in over 100 countries tell the world’s stories, from breaking news to investigative reporting. They provide content and services to help engage audiences worldwide, working with companies of all types, from broadcasters to brands. Photo credit: @AP on Twitter
The Associated Press was the first private sector organization in the U.S. to operate on a national scale. Over the past 170 years, they have been first to inform the world of many of history's most important moments, from the assassination of Abraham Lincoln and the bombing of Pearl Harbor to the fall of the Shah of Iran and the death of Pope John Paul.

Today, they operate in 263 locations in more than 100 countries relaying breaking news, covering war and conflict and producing enterprise reports that tell the world's stories.
Location
New York City




Conversation