A federal appeals court in Idaho has refused to enact a law that would block transgender athletes from competing in girls and women’s sports.
The law, which was passed in 2020, pertains to all transgender-identifying individuals wanting to play on female sports teams sponsored by public schools, colleges, and universities.
The preliminary injunction was upheld by a three-judge panel of the 9th U.S. Circuit Court of Appeals, which argued that the ban discriminates not only against transgender women but all women.
A provision in the law would mean that athletes’ sex could be put into question, and would need to be verified by certain medical procedures, which could include gynaecological exams.
According to the court, this would categorically exclude transgender individuals from female athletic competitions and subject females to what it calls an “invasive sex dispute verification process,” which it deems unconstitutional.
The ruling comes amid an increasing number of states having proposed and enacted similar legislation that would keep women’s sports exclusively to the female sex.
According to Chase Strangio, deputy director for transgender justice at the American Civil Liberties Union’s (ACLU) LGBTQ & HIV Project, the ban in Idaho and other states infringes on the rights of transgender people.
“We’ll never stop fighting until all transgender youth are given the equal playing field they deserve,” Mr. Strangio said.
This, however, is contrasted by opposing statements, which argue that in order to be fair, transgender athletes cannot have a physical advantage over females.
The ACLU’s objection comes as it acted on behalf of a transgender student at Boise State University. Lindsay Hecox had intended to participate in girls’ cross country and club soccer. The ban was allegedly also challenged by a female high school athlete over the associated sex verification procedure.
The measure was first signed into law by Idaho Gov. Brad Little in March of 2020, under House Bills 500 and 509, despite the governor being told that court challenges would be filed to repeal it. It was subsequently blocked by a federal judge later that year.
Those in support of the law have also argued that it would ensure that females were able to access sports scholarships for women. The appeals court rebutted this by saying that no evidence exists of a transgender individual receiving an athletic scholarship over a female to date.
The Biden administration proposed a rule in April that would prohibit schools from enacting outright bans on transgender athletes in female sports. Some flexibility would apply to certain scenarios, which could be implemented by the individual teams, namely at higher levels of competition.
The proposal, however, has created controversy and outrage from those on both sides of the issue.
The Associated Press contributed to this article
