Idaho Banned Trans Athletes From Competing In Women’s Sports—Now Federal Courts Will Weigh In

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April 16, 2020

TOPLINEThe American Civil Liberties Union and gender advocacy group Legal Voice filed a federal complaint on Wednesday challenging an Idaho law that bars transgender women from competing in women’s sports in public schools and universities.

BOISE/IDAHO STATE /USA _Interiol amd exterial view of Idaho Statecapital building and idaho captila … [+] tie yellow ribons in honror of soldier from idaho state 12 sept 2013 (PHOTO BY Francis Dean / Deanpictures (Photo by Francis Dean/Corbis via Getty Images)

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KEY FACTS

“The Fairness In Women’s Sport Act,” was signed into law by Gov. Brad Little in late March, along with another measure restricting the ability of transgender people to alter the sex designation on state birth certificates, The Idaho Statesman reported.

The law, which would allow “sex testing” of potential athletes, is the first in the United States to ban transgender women and girls from participating in sports, according to the New York Times.

The civil rights groups filing the suit argue that the law, scheduled to take effect on July 1, violates constitutional privacy and discrimination protections, particularly the Equal Rights Amendment, The Associated Press reported.

The groups also claim that the law also violates Title IX, which prohibits sex-based discrimination in education.

The bill’s sponsor, Rep. Barbara Ehardt (R), who argues that transgender female athletes possess unfair physical advantages, said the law “protect[s] opportunities for girls and women.”

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“I would like to compete as a female. We shouldn’t have our privacy invaded. If people started questioning me, I wouldn’t want to be subjected to multiple tests,” one of the suit’s plaintiffs, a 19-year-old transgender athlete who competes in cross-country, told the AP.

KEY BACKGROUND

On the eve of International Transgender Day of Visibility in late March, Idaho Gov. Brad Little signed two bills into law that limited transgender rights: one targeting birth certificates, the other limiting transgender participation in sports. A proposed law that would have outlawed treating transgender minors for dysphoria did not receive a vote. According to the 60-page lawsuit filed by the ACLU and Legal Voice, “Idaho now stands alone in imposing the threat of unwanted, medically unnecessary invasions to bar and chill participation in women’s and girls’ athletics.”

Idaho Banned Trans Athletes From Competing In Women’s Sports—Now Federal Courts Will Weigh In

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