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Tipsheet

Judge Rejects Trans Athlete’s Bid to Dismiss Landmark Supreme Court Case

Judge Rejects Trans Athlete’s Bid to Dismiss Landmark Supreme Court Case
AP Photo/Susan Walsh

A federal judge on Wednesday rejected a Boise State trans athlete’s attempt to dismiss a potential landmark Supreme Court case on transgender athletes. U.S. District Judge David Nye, a Trump appointee, turned down Lindsay Hecox’s motion, which she filed after the Supreme Court agreed to hear the case.

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Hecox, in asking for the Supreme Court case to be dismissed that he "has therefore decided to permanently withdraw and refrain from playing any women’s sports at BSU or in Idaho."

Nye said that after years of litigation, "[Idaho] has a fair right to have its arguments heard and adjudicated once and for all." And that, "[T]he Court feels [Hecox’s] mootness argument is, as above, somewhat manipulative to avoid Supreme Court review and should not be endorsed."

Little v. Hecox was initially filed after Hecox tried to join Boise State’s women’s cross-country team but was blocked by a state law barring men from competing in women’s sports. 

Hecox's attorneys from the American Civil Liberties Union (ACLU), Cooley, LLP, and Legal Voice, provided a statement to Fox News Digital after Nye struck down their motion.

"Lindsay ended her participation in any women’s athletic programs covered by HB 500 to prioritize finishing her degree at Boise State and her personal safety and wellness. Lindsay withdrew her challenge to Idaho’s HB 500 and that remains unchanged," the statement read. "In West Virginia v. B.P.J., the U.S. Supreme Court will address a challenge to a nearly identical law. We will continue to advocate for the rights of all women and girls, including transgender women and girls."

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When the lawsuit was filed, Hecox was joined by an anonymous biologically female student, Jane Doe, who expressed concern about the potential of being subjected to the sex dispute verification process. The challenge was initially successful as a federal judge blocked the Idaho state law.

The 9th Circuit Court of Appeals then upheld the injunction in 2023, prompting the Supreme Court to agree to hear the case. 

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