For Immediate Release
June 25, 2025
Media Contact: Damon Sidur
[email protected]
BOISE — Attorney General Raúl Labrador filed a supplemental brief urging the U.S. Supreme Court to grant immediate review of Idaho’s Fairness in Women’s Sports Act rather than sending the case back to a lower court. The brief argues that vital constitutional questions about sex-based classifications and women’s athletic opportunities require the Court’s urgent attention.
“While we’ve been fighting for fair and equal athletic competition, activists have been pushing an agenda that would ultimately sideline women and girls in their own sports,” said Attorney General Labrador. “Many athletic associations around the world have recognized the obvious truth that men and women are biologically different, and allowing men in women’s sports would create a dangerous, unfair environment for women to showcase their incredible talent. We’re asking the U.S. Supreme Court to uphold our law and ensure that women and girls get the opportunities they deserve.”
The supplemental brief in Little v. Hecox was filed after the Court held the case pending its decision in United States v. Skrmetti. However, that recent decision did not resolve the fundamental constitutional questions at stake in Idaho’s case. The brief argues that critical circuit splits remain unresolved, including whether biological sex should be defined objectively or subjectively in equal protection cases, and whether transgender identity qualifies as a quasi-suspect classification.
Idaho’s brief emphasizes that 27 states have now enacted laws protecting women’s sports, and both the NCAA and federal government have announced policies excluding biological males from female competitions. Despite this momentum, women and girls continue losing medals, podium spots, and athletic opportunities in jurisdictions where courts have blocked these protections.
The brief warns that sending the case back to a lower court would only delay the inevitable resolution of these issues while continuing to harm female athletes. It notes that the Ninth Circuit’s current ruling places schools in an impossible position, requiring athletic divisions based on testosterone levels while risking federal funding loss for non-compliance with federal directives protecting women’s sports.
Attorney General Labrador continues defending Idaho’s Fairness in Women’s Sports Act in federal court. The case represents a critical opportunity for the Supreme Court to resolve nationwide confusion and protect the integrity of women’s sports across America.
Read the brief here.
About Raúl Labrador
Raúl Labrador is the 33rd Attorney General of Idaho. The Office of the Attorney General provides legal representation for the State of Idaho. This representation is furnished to state agencies, offices and boards in the furtherance of the state's legal interests. The office is part of state government’s executive branch and its duties are laid out in the Idaho Constitution.
