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Lawsuit challenging Idaho's "Fairness in Women's Sports Act" moves forward

Idaho Statehouse
Posted at 5:18 PM, Feb 09, 2023
and last updated 2023-02-09 19:18:26-05

BOISE, Idaho — The Fairness in Women's Sports Act was signed into law by Governor Brad Little in 2020. The Idaho law would ban transgender and intersex women and girls from participating in school sports.

Related: ACLU files lawsuit against State of Idaho for barring transgender female athletes

The law has been on hold since August 2020 when Idaho District Court Judge David Nye granted a preliminary injunction after a lawsuit was filed by Lindsay Hecox.

The lawsuit has been in the U.S. Ninth Circuit Court of Appeals in California since November 2020.

In 2022, lawyers for the state of Idaho argued the lawsuit should not be allowed to proceed and take effect because of changes in the case after the case was filed, and the lawsuit was no longer relevant.

On January 31, The Ninth Circuit Court of Appeals ruled the lawsuit can proceed and is relevant. The Court will now review the Idaho's Fairness in Women's Sports Act to see if it violates the United States Constitution.

A ruling could come in the next few months, and would be the first of its kind in the country. After being signed into law in Idaho, several other states passed similar legislation.

Related: Governor Little signs into law two bills targeting transgender Idahoans

"The Ninth Circuit got it exactly right. Lindsay’s case is alive and well and continues to successfully block what we believe is a flagrantly unconstitutional and harmful law. This is a great victory at a time when transgender people are experiencing unprecedented attacks by Idaho lawmakers,” said Aadika Singh, attorney for the ACLU of Idaho.

You can read the full ruling advancing the lawsuit below.