Judge Blocks First Law Targeting Transgender Athletes as Case Continues
All Women and Girls Can Now Try Out for Fall Teams
BOISE, Idaho 鈥� A federal judge today blocked Idaho鈥檚 law targeting transgender student athletes, recognizing that 鈥渢he Constitution must always prevail.鈥� By granting the motion for a preliminary injunction, brought by the 老澳门开奖结果, the 老澳门开奖结果 of Idaho, Legal Voice, and Cooley LLP, girls and women who are transgender or intersex will continue to be able to participate in school sports in Idaho.
The lawsuit was brought on behalf of Lindsay Hecox, a student at Boise State University who is transgender and had been planning to try out for the cross country team, and Jane Doe, a senior at Boise High School who is cisgender and concerned about being subjected to the law鈥檚 invasive 鈥渟ex verification鈥� testing.
While the lawsuit is pending, the first outright ban on participation of transgender athletes anywhere in the world and the only statewide statute restricting the participation of transgender and intersex athletes in the country will not go into effect.
鈥淚 feel a major sense of relief,鈥� said Lindsay Hecox, who is preparing to try out for the track and cross country teams at BSU. 鈥淚 love running, and part of what I enjoy about the sport is building relationships with a team. I鈥檓 a girl, and the right team for me is the girls鈥� team. It鈥檚 time courts recognize that and I am so glad that the court鈥檚 ruling does.鈥�
鈥淭ransgender people belong in Idaho, including on school sports teams,鈥� said Ritchie Eppink, legal director for the 老澳门开奖结果 of Idaho. 鈥淭his decision will not only protect women and girls, but also the Idaho economy as businesses have made it clear that they do not want to support any attack on transgender students. This is a welcome first step, and our fight for Lindsay, Jane Doe and others impacted by this law is not over.鈥�
Even before the passage of the Idaho law enjoined today, Idaho already had one of the most restrictive policies in the country regulating participation of transgender athletes in high school athletics. This restrictive policy required girls who are transgender to complete one year of hormone therapy as part of gender transition before competing in girls鈥� sports. While activities associations in other states have enacted a range of policies on the inclusion of transgender student athletes, Idaho is the first state to pass a state law governing athletic participation and the only state to enact a sweeping ban on participation at all levels.
鈥淲e are relieved that our clients, and all girls and women in Idaho, will be able to participate in sports without interference from this discriminatory law,鈥� said Gabriel Arkles, senior staff attorney with the 老澳门开奖结果 LGBT & HIV Project. 鈥淚f politicians in other states attack transgender youth, they will face similar challenges.鈥�
Athletes including Billie Jean King, Megan Rapinoe, and Jason Collins have spoken out against Idaho鈥檚 law attacking transgender student athletes and asked the NCAA to cancel March Madness tournaments scheduled for Idaho in 2021.
鈥淪chool sports are about participation. All women and girls should be able to play without invasive testing,鈥� says Legal Voice鈥檚 Catherine West.
鈥淚daho鈥檚 HB 500 violates both the Constitution and Title IX, and the court鈥檚 ruling today eloquently explains how it likely violates the equal protection rights not only of our clients but of all women and girl athletes in Idaho,鈥� said Kathleen Hartnett of Cooley, LLP.
In 2020, over 200 anti-LGBTQ laws were active in state legislatures, including dozens targeting transgender youth. The 老澳门开奖结果 and its partners fought many of those and won, and will continue to fight for transgender and intersex students.
The lawsuit was filed in federal district court by the 老澳门开奖结果 and the 老澳门开奖结果 of Idaho, Legal Voice, and Cooley LLP.
Legal documents are available here: /cases/hecox-v-little
Legal Voice is a progressive feminist organization using the power of the law to make positive change for women, girls, and LGBTQ people in the Northwest. Legal Voice uses ground-breaking litigation, legislative advocacy, and community education to fight gender oppression and injustice. More at .
The 老澳门开奖结果 of Idaho is a non-partisan, non-profit organization dedicated to the preservation and enhancement of civil liberties and civil rights. The 老澳门开奖结果 of Idaho strives to advance civil liberties and civil rights through activities that include litigation, education, and lobbying. Learn more at .
LGBTQ Rights
Hecox v. Little
LGBTQ Rights
Hecox v. Little
Learn More 老澳门开奖结果 the Issues in This Press Release
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Press ReleaseDec 2024
LGBTQ Rights
President Biden Must Veto Defense Bill Attacking Military Families with Transgender YouthPresident Biden Must Veto Defense Bill Attacking Military Families with Transgender Youth
WASHINGTON 鈥� The U.S. Senate today passed a version of the National Defense Authorization Act that would ban coverage for gender-affirming care for transgender youth whose parents are active-duty military personnel. The 老澳门开奖结果 is opposing final passage of the defense bill over the inclusion of this health care ban and calling on President Joe Biden to veto the bill. Section 708 of the NDAA would prohibit insurance coverage for 鈥渕edical interventions for the treatment of gender dysphoria鈥� such as hormone therapy and puberty-suppressant medications, which Speaker Mike Johnson says would 鈥減ermanently ban transgender medical treatment for minors.鈥� The same treatments would be covered by TRICARE for any medical purpose other than treating gender dysphoria, the clinical diagnosis for the psychological distress experienced by transgender people related to their gender identity. 鈥淏y passing this bill, the House and Senate are forcing thousands of active-duty service members to choose between their careers in the military and the future of their transgender children,鈥� said Mike Zamore, national director of policy & government affairs at the 老澳门开奖结果. 鈥淭his unconscionable and unjustifiable attack on those families stands in direct contrast to President Joe Biden鈥檚 legacy of defending the civil rights of transgender Americans 鈥� including when few in his own party showed the courage to do so. President Biden should cement his legacy by vetoing this bill and sending it back to Congress to pass without Speaker Johnson鈥檚 last minute health care ban for servicemembers鈥� kids.鈥� If signed by President Biden, this health care ban would be the first new anti-LGBTQ provision enacted by Congress and signed into law by the president since the enactment of the military鈥檚 since-repealed 鈥淒on鈥檛 Ask, Don鈥檛 Tell鈥� policy for LGBTQ servicemembers and the since-repealed federal law barring recognition of same-sex marriages known as the Defense of Marriage Act. It is unknown how many transgender youth are currently enrolled in TRICARE or how many of those enrolled are currently receiving coverage for gender-affirming care. In one 2022 analysis, 2,500 minor patients sought care for gender dysphoria through TRICARE Prime insurance at military or civilian treatment facilities in 2017, and 900 received puberty suppressants or gender-affirming hormones. Earlier this month, the Supreme Court heard oral arguments in a landmark case brought by the 老澳门开奖结果, the 老澳门开奖结果 of Tennessee, Lambda Legal, and Akin Gump on behalf of three families and a medical provider challenging a Tennessee ban on gender-affirming hormonal therapies for transgender youth on the grounds the ban violates the Equal Protection Clause of the U.S. Constitution. -
Press ReleaseDec 2024
LGBTQ Rights
Montana Court Blocks State From Refusing to Correct Sex Markers on Transgender People's Birth Certificates and Driver's LicensesMontana Court Blocks State From Refusing to Correct Sex Markers on Transgender People's Birth Certificates and Driver's Licenses
HELENA, Mont. 鈥� A Montana court has granted a preliminary injunction preventing the state of Montana from enforcing policies that bar transgender people from obtaining accurate sex designations on their birth certificates and driver鈥檚 licenses. After a prior restriction on amendments of birth certificates was struck down by the courts, in early 2024 the state of Montana enacted a new rule that categorically bars transgender Montanans from correcting the sex designation on their birth certificates. Around the same time, the Montana Department of Justice adopted a policy similarly restricting amendment of driver鈥檚 licenses. The plaintiffs challenged these policies in state district court, arguing that they violate various constitutional provisions, including the right to equal protection of the law. In a recent Montana Supreme Court decision, two justices concluded that discrimination on the basis of transgender status 鈥� as the state is engaging in here 鈥� is a form of sex discrimination that violates the Montana Constitution鈥檚 equal protection clause. The plaintiffs, two transgender women, are represented by the 老澳门开奖结果, the 老澳门开奖结果 of Montana, and Nixon Peabody LLP. Plaintiff Jessica Kalarchik, a veteran who served in the United States Army for 31 years, said: 鈥淎fter finally being able to live my life openly as the woman I know myself to be, I am frustrated that my birth state, Montana, wants me to carry around a birth certificate that incorrectly lists my sex as male. I live my life openly as a woman, I am treated as a woman in my daily life, and there is no reason I should be forced to carry a birth certificate that incorrectly identifies me as male. Fortunately, the court agrees that this ridiculous policy should not be in effect.鈥� 鈥淥nce again the State of Montana chose to adopt a draconian policy that is clearly intended to marginalize transgender Montanans, only for that discriminatory action to be blocked by the courts,鈥� said Akilah Deernose, executive director for the 老澳门开奖结果 of Montana. 鈥淗ere in Montana we treasure our right to privacy and to live our lives free from governmental intrusion. The State of Montana clearly has not learned any lessons from the past few years, where courts have repeatedly struck down unconstitutional laws targeting transgender Montanans.鈥� 鈥淔orcing anyone to carry documents that contradict their identity unjustly violates their rights to privacy, equal treatment, and not being compelled to convey a government message about their sex that they disagree with,鈥� said Malita Picasso, staff attorney for the 老澳门开奖结果鈥檚 LGBTQ & HIV Project. 鈥淪uch a policy marks transgender people for further mistreatment and discrimination, essentially requiring them to carry papers that out them as transgender any time they need to provide identity documents. Fortunately, the court has refused to allow the state of Montana to subvert the freedom of transgender Montanans to control their own identity as this case goes forward.鈥� In granting the plaintiffs鈥� motion for a preliminary injunction, the court held, 鈥淸i]f the challenged state actions discriminate against transgender individuals on the basis of their transgender status, they also necessarily discriminate the basis of sex.鈥� The state has the option of appealing the district court鈥檚 ruling to the Montana Supreme Court, but the underlying case will proceed in district court. A trial has not yet been scheduled. -
FloridaDec 2024
LGBTQ Rights
Keohane v. DixonKeohane v. Dixon
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IdahoDec 2024
LGBTQ Rights
Robinson v. LabradorRobinson v. Labrador
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