Heather Clark – August 18, 2020
BOISE, Idaho — A federal judge nominated to the bench by President Obama and renominated under President Trump has placed a halt on an Idaho law that expressly prohibits biological males from competing in women’s sports.
“The court recognizes that this decision is likely to be controversial,” acknowleged Judge David Nye on Monday. “While the citizens of Idaho are likely to either vehemently oppose, or fervently support, the Act, the Constitution must always prevail.”
“[T]he Act on its face discriminates between cisgender athletes, who may compete on athletic teams consistent with their gender identity, and transgender women athletes, who may not compete on athletic teams consistent with their gender identity,” he said.
“Hence, while the physiological differences the defendants suggest support the categorical bar on transgender women’s participation in women’s sports may justify the Act, they do not overcome the inescapable conclusion that the Act discriminates on the basis of transgender status.”
As previously reported, in February, Rep. Barbara Ehardt, R-Idaho Falls, proposed the “Fairness in Women’s Sports Act”, House Bill 500, which expressly prohibits biological males from joining women’s athletic teams.
“Athletic teams or sports designated for females, women, or girls shall not be open to students of the male sex,” the legislation reads in part.
It states that puberty blockers and cross-sex hormones do not resolve concerns about fairness, pointing to a 2019 study that concluded that males who ingested the hormones over a 12-month period still “had an absolute advantage” over their female competitors.