BOISE, Idaho — A federal judge has ruled a lawsuit challenging Idaho’s ban on transgender women and girls competing in female sports cannot be voluntarily dismissed by the plaintiff, keeping the case active as the U.S. Supreme Court considers whether to hear it.
On Tuesday, U.S. District Judge David Nye sided with Idaho Attorney General Raúl Labrador, who argued plaintiff Lindsay Hecox’s attempt to withdraw the case violated a stay agreed to by both parties while the case is pending before the high court.
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In his ruling, Nye called Hecox’s dismissal attempt "somewhat manipulative" and said it "flaunts principles of equity and fairness."
"[Idaho] has a fair right to have its arguments heard and adjudicated once and for all," Nye wrote.
The case centers on Idaho’s Fairness in Women’s Sports Act, which was passed in 2020 and bars transgender women and girls from competing in sports designated for female athletes. Hecox, a transgender woman and Boise State University student, sued the state shortly after the law was enacted.
Labrador made defending the law a top priority and appealed the case to the U.S. Supreme Court earlier this year. In July, the court agreed to review it, and all proceedings in lower courts were paused.
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But in September, Hecox filed a notice in federal district court seeking to voluntarily dismiss the case. She also submitted a separate suggestion of mootness to the Supreme Court, arguing the case no longer required review.
Idaho objected, and on Tuesday, Judge Nye granted the state’s motion to strike Hecox’s notice of dismissal, calling it void under the terms of the stay.
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"This decision keeps our lawsuit alive, and I won’t stop until women and girls are safe to compete, participate, and excel in competitive sports," Labrador said in a statement.
If the Supreme Court does not dismiss the case based on mootness, oral arguments are expected to begin in January.
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Read the full district court opinion here.
