In a decision released Monday, an Idaho federal district court issued a temporary injunction against the state’s transgender ban, preventing the law from being enforced as a lawsuit challenging it moves through the courts.
In the same decision, the court also granted two ISU runners’ motion to intervene in the case.
The lawsuit, Hecox v. Little, was brought by Lindsay Hecox, a transgender woman who attends Boise State University, in April, after Idaho’s passage of House Bill 500, known as the Fairness in Women’s Sports Act. The law bans transgender women from competing on women’s sports teams.
Hecox, who wants to try out for the women’s cross country and track teams at Boise State, wouldn’t be allowed to under HB 500.
The injunction, although temporary, is a win for Hecox and the other plaintiff, an unnamed cisgender woman who plays soccer for Boise High School.
“Because the Court finds Plaintiffs are likely to succeed in establishing the Act is unconstitutional as currently written, it must issue a preliminary injunction at this time pending trial on the merits,” is the final sentence of the decision.
On June 5, the Idaho State runners, Madison Kenyon and Mary Kate Marshall, filed a motion to intervene in the case in support of Idaho’s law.
Kenyon and Marshall, who run on ISU’s track and cross country teams, are represented by a group called Alliance Defending Freedom.
“I believe that allowing males to enter women’s sports defeats an entire aspect of sports: It eliminates the connection between an athlete’s effort and her success,” Kenyon said in an ADF press release. “Sex separation in sports helps ensure that males and females each enjoy opportunities for fair competition and victory. It helps ensure that, if women like me work hard, that hard work pays off, and we have a shot at winning.”
With their motion to intervene granted, Kenyon and Marshall will now have the opportunity to make their arguments in court.
Idaho’s law, which Governor Brad Little signed into law on March 30, has invited controversy from across the nation since its passage.
The NCAA, which has moved events out of other states over similar laws, has threatened to pull first- and second-round games in next March’s men’s basketball tournament from ExtraMile Arena in Boise, but has not yet made a decision either way.