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An update on the battle over whether male bodied persons should be allowed to compete in women’s and girls’ sports.
Some time ago, Idaho passed a law limiting amateur school sports designated for females to biological females. The law has been challenged in Hecox v Little. Transfemale athletes are represented by the ACLU. Female athletes have also intervened asserting sex-based rights.
The district court granted an injunction to pause the law as a likely violation of Equal Protection under the US Constitution. Hecox is before the Ninth Circuit Court of Appeals. 9th Cir. Nos. 20-35813, 20-35815.
Since a grant of a preliminary injunction is appealable, the case was appealed to the Ninth Circuit on paperwork, without the lower court hearing evidence or trying the case.
Billie Jean King, Megan Rapinoe & other female athletes have joined a Lambda brief in 9th Circuit Court of Appeals to defeat Idaho law banning transwomen/transgirls from women’s and girls’ sports. Here is the brief. https://www.lambdalegal.org/sites/default/files/legal-docs/downloads/athletes_in_womens_sports_amicus_brief_hecox_v._little.pdf
Let’s face it. Female pro athletes & women’s sports generally depend heavily on corporate endorsements. The corporations that helped build their brands are tied heavily to Lambda & other organizations supporting replacing sex w/ gender identity or eliminating all reliance on sex.
Advocacy groups use this leverage. They also do it to force racial minorities and their organizations to comply. I think there is a legal problem with this approach but that is another topic.
Here is the brief of the plaintiff claiming that segregation by sex in sports and not accepting assertions of gender identity violates the Constitution. https://www.aclu.org/legal-document/hecox-v-little-plaintiffs-appellees-brief
Do not take the statements on law in the above briefs at face value. Several are highly debatable or, in my view, false. The same is true of several of the alleged statements of facts in them. The ACLU brief is particularly ethically challenged.
Here is the brief in support of sex-based rights in womens sports filed by the Women’s Liberation Front. https://www.aclu.org/legal-document/hecox-v-little-womens-liberation-front-amicus-brief
@WomensLibFront does a great job in this brief. Hats off to them.
Medical Professionals also filed a brief urging reversal. https://www.aclu.org/sites/default/files/field_document/2020-11-19_-_medical_professionals_iso_state.pdf This was a gutsy brief, given attempts to cancel those who oppose the views of sex elimination advocacy groups.
This case will likely reach the US Supreme Court, the highest US court, next term (starting October). If you have writing to do on the topic of access to women’s sports schedule it for publication in the spring, summer or early fall.
Remember, there are other cases as well. The Grimm et al cases addressing trans access to sex distinct school bathrooms is also before the appellate courts and will likely be before the High Court in the fall.
Then there is the effort to address these issues and overturn women’s safety and rights in Congress.
If the Hecox case reaches the high court (and it will), I will likely file a brief urging reversal and supporting sex based divisions in sports. I have a LOT to say.
