NewsLocal NewsIn Your NeighborhoodDowntown Boise

Actions

Legal experts react to transgender athlete withdrawing case from U.S. Supreme Court

A.C.L.U. asked the High Court to withdraw the challenge against an Idaho law that bans transgender girls from participating in women's sports in schools
Lindsey Hecox
Posted
and last updated

House Bill 500 (HB-500) is an Idaho law that bans transgender women from participating in women's sports in Idaho schools and Universities.

In 2020, Lindsay Hecox challenged HB-500. After years of the case making its way through district and appellate courts, she notified the U.S. Supreme Court last week that she would be voluntarily dismissing her own case.

So what happens now?

"I'm just another person like anyone else, and they have vilified what I'm trying to do." That's what Boise State transgender athlete Lindsey Hecox told Idaho News 6 in 2020 when she became a plaintiff in the original lawsuit filed by the A.C.L.U. over the passage of HB-500, which was signed into law by Governor Brad Little.

At the time, Hecox wanted to try out for the Broncos Women's Track and Cross Country team.

Experts react to dismissal of transgender athlete case

Reaction to surprising decision from Transgender Athlete to withdraw case from U.S. Supreme Court

But last week, the A.C.L.U. withdrew the Idaho-based transgender sports case Hecox v. Little from the High Court.

The reason for pulling the case is that the plaintiff, Lindsay Hecox, wants to focus on her academics as she looks to graduate in 2026.

Not so fast, says an Attorney for the Alliance Defending Freedom, a conservative group working with Idaho's Attorney General's office. They want the case to go forward.

Chris Schandevel with Alliance Defending Freedom explains why. "We see this as the A.C.L.U.'s Hail Mary attempt to pull the rug from out [from under] the Supreme Court before the court can issue a decision, and we think the A.C.L.U. is afraid that the court is going to rule against them and set nationwide precedent that the A.C.L.U. is trying to avoid."

The A.C.L.U. sent me this statement concerning their withdrawal. "After ending her participation in any women's athletic programs covered by House Bill 500 to prioritize finishing her degree at Boise State and her personal safety and wellness, Lindsay has withdrawn her challenge to Idaho's HB 500."

The Idaho Attorney General's office told me they will hold off on commenting until their briefs are delivered to the court.

Former Idaho Attorney General David Leroy told me it is extremely unusual for such a case to be withdrawn at this very late stage. I asked Leroy, 'what now?'

"The U.S. Supreme Court has rules that say unless all the parties agree, a single party can make a motion to voluntarily dismiss the case, the opposing party can object within 15 days, and then it's up to the court to allow or disallow that."

Senior Counselor for A.D.F. expects the District Court will rule quickly on whether or not the case can go forward despite A.C.L.U.'s withdrawal. We'll keep you up to date.

ALSO READ | Idaho's transgender care ban for minors stands after Supreme Court ruling on Tennessee law