Idaho’s Fight for Women’s Sports reaches Critical Moment
Dear Friends,
After five years of litigation, Idaho’s Fairness in Women’s Sports Act has finally reached the United States Supreme Court. Now, at this crucial moment, the ACLU is trying to dismiss the case entirely, not because the issue has been resolved, but because they understand the strength of our arguments.
Last week, my office filed a response urging the Supreme Court to reject this attempt and instead decide this case on the merits. The stakes couldn’t be higher for female athletes across Idaho and the nation.
In 2020, Idaho became the first state in the nation to pass a law protecting female sports. The ACLU and a biological male who “identifies” as female immediately sued to invalidate it. Before I became Attorney General, I was defending the female athletes impacted by this case as a private citizen. Once I took office in January 2023, I made it a priority to change course from the previous administration and defend this law as hard as we could at every level.
For years, the ACLU has fought to keep this case alive. It stayed active through multiple appeals because the plaintiff continued playing women’s club soccer at BSU. But after the Supreme Court agreed to hear our case in July, and after the Court’s recent decision in Skrmetti signaled strong support for state authority in this area, the ACLU suddenly filed a notice claiming the case is now “moot” and should be dismissed. The timing speaks for itself.
Our response makes three critical arguments. First, the plaintiff cannot dismiss this case because doing so violates the court-ordered stay they requested and agreed to. That stay prohibited any court activity while the Supreme Court reviews the case. Second, this case isn’t moot because the plaintiff remains enrolled at BSU and could resume playing women’s sports at any time. Third, the Supreme Court has a strong interest in preventing parties from manipulating its docket to shield favorable lower-court decisions from review.
If the ACLU succeeds, other Ninth Circuit decisions that cite this case could remain binding precedent, continuing to prevent Idaho and other states from protecting female athletes. Under current Ninth Circuit precedent, girls across Idaho can still be forced to compete against boys. That’s not fair, it’s not safe, and it strips young women of equal opportunities.
The biological differences between men and women are real, measurable, and significant in athletic competition. Female athletes shouldn’t watch their opportunities slip away because of policies that ignore basic biology.
The Supreme Court now has the opportunity to provide nationwide clarity on this fundamental issue. I’m urging the Court to reject this last-minute attempt to dismiss this case and instead decide it on the merits.
As your Attorney General, I will never stop fighting to protect Idaho families and the equal opportunities our daughters deserve.
Best regards,
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