Today, Rep. Barbara Ehardt of Idaho, author and principal sponsor of the Idaho Fairness in Women’s Sports Act, which was enacted on March 30, 2020, filed an amicus brief in the United States Supreme Court supporting the state of Idaho in Hecox v. Little asking the court to grant certiorari in the case. She was joined by fifty-five female state legislators and thirty-four family policy organizations across the country, including the Idaho Family Policy Center who helped the law pass through the Idaho legislature. All of these legislators and organizations have authored, sponsored, introduced, supported, or advocated legislation defining eligibility for women’s sports based on biological criteria,
The Fairness in Women’s Sports Act was passed to keep other female athletes from facing unfair competitions as was the case in Idaho prior to the law’s enactment. Shortly after the law was passed, the ACLU sued the state of Idaho claiming the law is unconstitutional because it does not allow transgender females — males who identify as females — to play in female only sports. The case has made its way up through the federal courts, and most recently, a panel for the United States Court of Appeals for the Ninth Circuit held the law unconstitutional.
The amici represented in this brief are legislators and policy organizations that championed Fairness in Women’s Sports laws or similar laws that protect women and girls’ athletic opportunities. These legislators and family policy organizations understand that the consequences of mandating a gender-identity criterion for participation in women’s sports would fundamentally change and erase women’s and girl’s sports altogether. This means years of hard fought gains and future opportunities for young girls would no longer remain. Moreover, legislators across the country who authored and co-authored these bills believe it is their responsibility and duty to protect the opportunities of women and girls in their respective states by enacting legislation like the Fairness in Women’s Sports Act that was passed in Idaho. Amici understand that girls’ athletic opportunities are some of the most formative and impactful times in a young girl’s or young women’s life, where experiences on the court or in the field foster enduring leadership qualities and character development. Amici believe all girls and women deserve that opportunity.
“Title IX changed my life. People need to understand that the opportunities that I had growing up were incredibly limited. I was eight years old when Title IX passed in 1972. But I kept my hope alive, continued to practice and ended up achieving my goal of both playing (Idaho State) and coaching Division I Women’s basketball at four fantastic institutions (UC Santa Barbara, BYU, Washington State and as the head coach at Cal State Fullerton). It is through these experiences that I worked hard to pave a better path forward for those who would follow. After years of work and witnessing huge growth for girls and woman in sports, it is devastating to watch us go backwards and, once again, have all of the female opportunities be based on what males need first. It began as what was best for men and we’re back to what’s best for men. This is terribly disappointing.” said Amicus Rep. Ehardt, former Division I NCAA basketball player and coach, and current coach for various clinics and travel teams for high-level high-school basketball prospects.
“Female athletes of all ages deserve a level playing field. Allowing men who identify as women to compete in women’s sports is hijacking more than podiums and scholarships. It’s taking away opportunities to learn valuable life lessons, develop character, and to build confidence, all of which are often the additional benefits of many female athletes,” said Renee Carlson, General Counsel for True North Legal and co-author of the brief.
“For over fifty years the nation has recognized the need for and celebrated the achievement of women in sports. There is broad consensus on this topic across ideological and political lines. Women deserve the opportunity to compete on a level playing field. These laws, like the ones passed in Idaho and Kansas, recognize the biological reality that embodied athletes play sports, not identities. These laws simply say that where biology makes a competitive difference, it should be respected. Courts must uphold these realities if we are going to continue to see the advancements that we are seeing today in women’s sports. We will continue to stand for women and girls,” said Brittany Jones, General Counsel for Kansas Family Foundation and co-author of the brief.