Lawsuit over Idaho transgender athlete ban likely to proceed

BOISE, Idaho (AP) — A federal lawsuit challenging Idaho’s ban on transgender athletes in women’s sports will likely move forward after both sides agreed that the woman who sued is again enrolled at Boise State University and competing in school athletics.

Idaho in 2020 became the first state in the nation to ban transgender women and girls from playing on women’s sports teams sponsored by public schools, colleges and universities. Several GOP-led states have followed suit, and the lawsuit from Lindsay Hecox could set precedent for whether such policies violate federal anti-discrimination rules.

The American Civil Liberties Union and the women’s rights group Legal Voice sued Idaho on behalf of Hecox, who hoped to run for Boise State University. A Boise-area high school athlete who is not transgender is also a plaintiff in the case because she fears the law could force her to undergo invasive tests to prove her biological sex if someone questions her gender.

Hecox and the other plaintiff, who isn't named in the lawsuit, contend the law violates the 14th Amendment's Equal Protection Clause because it is discriminatory and the Fourth Amendment's protections against invasion of privacy because of tests required should an athlete's gender be challenged.

A federal judge temporarily stopped the law from taking effect while the lawsuit is decided.

But last year, the case stalled after Hecox withdrew from Boise State University after failing to qualify for the cross-country team. Attorneys for the state said the case was moot, but Hecox's attorneys said she planned to re-enroll and try out again for track. The 9th U.S. Circuit Court of Appeals bounced the case back to a federal judge in Idaho to decide if the case was still relevant.

On Wednesday, attorneys on both sides filed...