In a significant ruling, a federal appeals court has upheld the decision to block Idaho’s ban on transgender athletes participating in girls and women’s sports, making it the first state to enact such a ban.
A three-judge panel of the 9th U.S. Circuit Court of Appeals supported a judge’s preliminary injunction against the 2020 law. The law would have barred transgender women and girls from competing on female sports teams sponsored by public schools, colleges, and universities.
The judges found that the ban not only discriminated against transgender women but also all women, citing a provision in the law that allowed anyone to challenge the sex of a female student athlete. This provision would have required athletes to undergo invasive medical procedures, such as gynecological exams, to verify their gender.
The court ruled that the law perpetuates historical discrimination against both cisgender and transgender women by excluding transgender women from athletic competition and subjecting all women to a degrading verification process.
This ruling comes amidst a wave of new state laws across the country that restrict the rights of transgender people, particularly transgender youth. Over 20 states have implemented similar sports restrictions since North Carolina enacted its latest sports restriction, overriding the veto of Democratic Gov. Roy Cooper.
“Idaho’s ban and others like it are specifically designed to marginalize and stigmatize transgender people. We will continue to fight until all transgender youth are granted the equal opportunities they deserve,” said Chase Strangio, deputy director for transgender justice at the American Civil Liberties Union’s LGBTQ & HIV Project.
The ACLU challenged the ban on behalf of Lindsay Hecox, a transgender student at Boise State University, who had aspirations of participating in cross country and club soccer. A cisgender high school athlete also contested the ban due to its discriminatory “sex verification” testing provision.
A federal judge had previously blocked the law in 2020. Despite warnings from legal experts that it would not survive court challenges, Idaho Governor Brad Little signed the measure into law. However, his office and the state attorney general’s office have yet to respond to messages regarding the ruling.
Supporters of these bans argue that they are necessary to maintain a fair playing field and protect the opportunities of female athletes. However, the appeals court found no evidence of a transgender woman receiving an athletic scholarship over a cisgender woman in Idaho.
In April, the Biden administration unveiled a proposed rule that would prohibit schools from imposing outright bans on transgender athletes but would allow for certain limitations in specific cases. This proposal has sparked controversy from both conservatives and trans rights advocates, as it would limit the participation of some transgender athletes.
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