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FIRST ON FOX: The legal team representing defendants in a forthcoming Supreme Court case to protect women's sports has responded after the transgender plaintiff asked the court to drop the case.
The defense team, led by Idaho Attorney General Raul Labrador and Alliance Defending Freedom (ADF) attorney Kristen Waggoner, filed its response after former Boise State University transgender athlete Lindsay Hecox, requested the athlete's initial lawsuit to fight for trans inclusion in women's sports from 2022 be dismissed, after SCOTUS agreed to hear the case.
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"After five years, Idaho's law protecting women's sports has finally reached the U.S. Supreme Court. Now, the [American Civil Liberties Union (ACLU) which is representing Hecox] wants to drop the case because they know the strength of our argument. But the legal arguments of one male athlete do not change the facts: Girls across Idaho can still be forced to compete against boys," Labrador told Fox News Digital.
"That's not fair, it's not safe, and it strips young women of equal opportunities. We're urging the Court to affirm that states have the authority to preserve and protect women's sports."
The Little v. Hecox lawsuit was initially filed by Hecox in 2020, when the trans athlete wanted to join the women's cross-country team, and have the state's law to prevent trans athletes from competing in women's sports blocked.
Hecox was joined by an anonymous biological female student, Jane Doe, who was concerned about the potential of being subjected to the sex dispute verification process. The challenge was successful, as a federal judge blocked Idaho's state law.
A 9th U.S. Circuit Court of Appeals panel upheld an injunction blocking the state law in 2023, before the Supreme Court agreed to hear the case back in July. Hecox then asked SCOTUS earlier this month to drop the challenge, claiming the athlete "has therefore decided to permanently withdraw and refrain from playing any women’s sports at BSU or in Idaho."
But now, Labrador and Waggoner are arguing that Hecox’s attempt to dismiss the case is barred by the a stay of all proceedings that Hecox previously agreed to. The defense attorneys also argue Hecox still has an interest in preserving the decision below to keep open the option of playing women’s sports.
"This case is not moot simply because Hecox claims to have decided not to play women’s sports," the response read.
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Ultimately, the defense in this case is looking for a bigger-picture outcome than simply whether Hecox can play women's sports. Labrador told Fox News Digital he is calling for the court to protect the rights of states to protect women's sports.
Labrador previously said he hopes for the Supreme Court to cast a decision with a wider impact than just letting one state carry out its own specific law on the issue. He wants a new national precedent. "I believe that that's what they're gonna do," Labrador previously told Fox News Digital in an exclusive interview.
"I think they're going to have a big ruling on whether men can participate in women's sports, and more importantly, how to determine whether transgender individuals are protected by the federal constitution and state and federal laws."
Attorneys general from 27 states and the U.S. Territory of Guam have signed onto amicus briefs to support the defense in the upcoming SCOTUS case.
AGs from Arkansas, Alabama, Alaska, Florida, Georgia, Idaho, Indiana, Iowa, Kansas, Kentucky, Louisiana, Mississippi, Missouri, Montana, Nebraska, New Hampshire, North Dakota, Ohio, Oklahoma, Pennsylvania, South Carolina, South Dakota, Tennessee, Texas, Utah, Virginia, and Wyoming, and the U.S. Territory of Guam are all throwing their support behind the defendants, as seen in copies of the briefs obtained by Fox News Digital.
The list includes the AGs from Idaho and West Virginia, who only signed the briefs for the case that is not based in their state, as they are already a defendant in the case within their state.
"At the heart of these cases is a fundamental question: can states uphold laws that preserve fairness and opportunity for female athletes? The answer must be yes. Across the country, girls and women are once again being asked to overcome structural disadvantages that Title IX was designed to eliminate. This is not about exclusion—it’s about preserving the integrity of female athletics," Alabama Attorney General Steve Marshall said in a statement provided to Fox News Digital.
"We must protect these opportunities because law, science, and the public will is on our side. We believe the court will be as well."
Fox News Digital has reached out to Hecox's attorneys for a response.
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