August 18, 2020 (New York) — Last night, U.S. District Judge David Nye placed a preliminary injunction against Idaho’s House Bill (HB) 500, the country’s most restrictive anti-trans athlete law. While the final outcome in the case of Hecox v. Little is still pending, HB500 will no longer be in effect, meaning that for now, all girls and women in Idaho, including those who are transgender or intersex, will continue to be able to participate in school sports.
In his ruling, Judge Nye wrote:
“The Court recognizes that this decision is likely to be controversial. While the citizens of Idaho are likely to either vehemently oppose, or fervently support, the Act, the Constitution must always prevail. It is the Court’s role—as part of the third branch of government—to interpret the law. At this juncture, that means looking at the Act, as enacted by the Idaho Legislature, and determining if it may violate the Constitution. In making this determination, it is not just the constitutional rights of transgender girls and women athletes at issue but, as explained above, the constitutional rights of every girl and woman athlete in Idaho. 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.”
“Access to sport is a human right, and we’re tremendously relieved to see that right upheld in this decision,” said Hudson Taylor, Founder and Executive Director of Athlete Ally. “While the lawsuit is pending, trans athletes in Idaho can now continue to participate in athletics, and all girls and women are able to participate without invasive testing. We hope to see a similar ruling on the lawsuit that protects the rights of all athletes to be who they are and play the sport they love.
We are incredibly grateful to the ACLU, the global sport community that joined us in speaking out against HB500, including Billie Jean King, Megan Rapinoe and Reggie Bullock; more than 500 student athletes; and a powerful coalition of advocacy organizations.”
Read the ACLU’s release here.