A federal judge says a lawsuit challenging Idaho’s ban on trans women from competing in women’s sports must continue.
Boise State University student Lindsay Hecox and the ACLU filed the suit when the Fairness in Women’s Sports Act was passed in 2020. She asked for the lawsuit to be dismissed last month, saying she was prioritizing her health and safety in order to graduate.
Hecox said she wanted to dismiss the case because of negative publicity and her decision not to pursue collegiate sports anymore.
But on Tuesday, U.S. District Judge David Nye denied the request.
“The State of Idaho has defended this case vigorously for years. It would be fundamentally unfair to abandon the issue now on the eve of a final resolution,” he wrote in his opinion.
The U.S. Supreme Court agreed to review the case back in July.
In a footnote, Judge Nye wrote the mootness argument was a “somewhat manipulative” way to avoid U.S. Supreme Court review and should not be endorsed.
The case remains active in district court while it waits to be heard by the high court. In a press release, the state Attorney General’s office said it expects oral arguments to proceed in January.
The U.S. Supreme Court is set to review a challenge to a similar law from West Virginia.
In an email statement, the ACLU said it would continue to advocate for the rights of all women and girls, including transgender women and girls.
