July 3, 2025

Case paves the way for states to continue to protect women and girl's athletic opportunities

Topeka, Kan.

July 3, 2025 - Today, the Supreme Court of the United States granted certiorari in Hecox v. Little and West Va., v. BPJ.  Rep. Barbara Ehardt of Idaho, author and principal sponsor of the Idaho Fairness in Women’s Sports Act, which was enacted on March 30, 2020, filed an amicus brief in the United States Supreme Court supporting the state of Idaho in Hecox v. Little asking the court to grant certiorari in the case. She was joined by fifty-five female state legislators and thirty-four family policy organizations across the country, including the Idaho Family Policy Center. All of these legislators and organizations have authored, sponsored, introduced, supported, or advocated legislation defining eligibility for women’s sports based on biological criteria.

The Fairness in Women’s Sports Act was passed to keep other female athletes from facing unfair competitions as was the case in Idaho prior to the law’s enactment. Shortly after the law was passed, the ACLU sued the state of Idaho claiming the law is unconstitutional because it does not allow males who identify as females to play in female only sports. The case has made its way up through the federal courts, and a panel for the United States Court of Appeals for the Ninth Circuit held the law unconstitutional. Now, the highest Court has chosen to weigh in and resolve what has become one of the most significant cultural issues of our day.

These legislators and family policy organizations understand that the consequences of mandating a gender-identity criterion for participation in women’s sports would fundamentally change and erase women’s and girls’ sports altogether. This means years of hard fought gains and future opportunities for young girls would no longer remain.

Moreover, legislators across the country who authored and co-authored these bills believe it is their responsibility and duty to protect the opportunities of women and girls in their respective states by enacting legislation like the Fairness in Women’s Sports Act that was passed in Idaho. Amici understand that girls’ athletic opportunities are some of the most formative and impactful times in a young girl’s or young women’s life, in which experiences on the court or on the field foster enduring leadership qualities and character development. Amici believe all girls and women deserve that opportunity.

“I am absolutely ecstatic that SCOTUS will be taking up the “Fairness in Women’s Sports Act.”  When I first brought this in 2020, I stated unequivocally that it would go to the Supreme Court.  Five years later, that day has finally come.” said Amicus Rep. Ehardt, former Division I NCAA basketball player and coach, and current coach for various clinics and travel teams for high-level high-school basketball prospects.

“The Court’s decision to hear this case is one step closer to justice for women and girls across the country. Female athletes of all ages deserve a level playing field. Allowing men who identify as women to compete in women’s sports is hijacking more than podiums and scholarships. It’s taking away opportunities to learn valuable life lessons, develop character, and to build confidence, all of which are the often the additional benefits of many female athletes. We are honored to represent the legislators and state groups who have vigorously contended for equality and opportunity for women, and join them in praising the Court’s decision to take this case.” said Renee Carlson, General Counsel for True North Legal and co-author of the brief. 

“For over fifty years the nation has recognized the need for and celebrated the achievement of women in sports. There is broad consensus on this topic across ideological and political lines. Women deserve the opportunity to compete on a level playing field. These laws, like the ones passed in Idaho and Kansas, recognize the biological reality that embodied athletes play sports, not identities. These laws simply say that where biology makes a competitive difference, it should be respected. Courts must recognize these realities if we hope to continue to see ongoing advancements in women’s sports. We look forward to the Court taking up this case next term and ensuring girls’ opportunities continue to be protected,” said Brittany Jones, General Counsel for Kansas Family Foundation and co-author of the brief. 

The amicus brief can be found here.

Media Contact: (785) 542-0220, media@kansasfamilyvoice.com