Idaho’s ‘Fairness in Women’s Sports’ case heard by U.S. Supreme Court
IDAHO FALLS, Idaho (KIFI) – Idaho had a strong presence at U.S. Supreme Court proceedings for the case Little v. Hecox on Tuesday.
State Representative Barbara Ehardt, of Idaho Falls, received one of four Idaho tickets to view oral arguments in person before the U.S. Supreme Court.
As the sponsor of the ‘Fairness in Women’s Sports Act’ that was challenged by the American Civil Liberties Union (ACLU) of Idaho, she had a near-front row seat as the case unfolded in Washington, D.C.
“Just – even not referencing my own legislation – just sitting in the Supreme Court of the United States was almost overpowering to me,” Ehardt told Local News 8 in an exclusive interview. “It has such significance. Then to add the fact that we were sitting there to hear the legislation that I authored and started in 2018, not done until 2020 when I brought it, it was just phenomenal."
In 2020, transgender athlete Lindsey Hecox sued the state of Idaho in order to be able to participate on Boise State women’s track and cross-country teams.
Coed teams are allowed, but the 2020 law barred transgender individuals from participating in girl’s sports.
The American Civil Liberties Union of Idaho Foundation provided a statement about Lindsey Hecox’s position on the case.
“In 2025, Lindsay ended her participation in any women’s athletic programs covered by H.B. 500 to prioritize finishing her degree and her personal safety and wellness,” said Rebecca De León, American Civil Liberties Union of Idaho communications director, in an emailed statement to Local News 8.
“As a result of this, her attorneys are arguing that the Court should rule her case legally moot," she continued. "In West Virginia v. B.P.J., the U.S. Supreme Court will address a challenge to a nearly identical law. No matter what the Supreme Court decides in these cases, we are committed to defending the rights of all women and girls, including transgender women and girls.”
During the Tuesday’s arguments, Ehardt said she was ”a little bit upset” with how three female justices – Associate Justices Sonia Sotomayor, Elaine Kagan and Ketanji Brown Jackson – characterized her legislation.
“I never once put the word transgender in there,” Ehardt said. “... Their side really, they were arguing against having a definition of sex. They did not want to have sex defined, and instead they basically wanted guidelines – ‘What are some of the characteristics of, you know, being a female?’
“I'm thinking to myself, oh my goodness,” she continued, “and Justice Roberts then basically said that if we don't define sex, then how shall we know if we're discriminating?”
Ehardt said she sat next to U.S. Senator Jim Risch (R-Idaho) during the proceedings.
Outside at a rally supporting the "Fairness in Women's Sports Act," Idaho Attorney General Raúl Labrador and U.S. Congressman Mike Simpson also addressed crowds.
“The simple reality of this case is that we're talking about simple biology," Labrador said. "There are men and women, and Title IX and equal protection should allow boys to participate in boys sports, and girls to participate in girls sports, and should allow girls to have the safety and security of knowing that they're going to be safe in their spaces, they're going to be safe in their sports, and that they're going to be protected by the law and by the Constitution."
Simpson stated that his work desk prominently displays a mug that emblazoned with the motto, "Watch women's sports."
"I shouldn't be here. You shouldn't be here. This is nonsense," Simpson said. "We're before the highest court in the land, the Supreme Court, arguing for common sense. That's all we want is common sense. Men should not be playing in women's sports. That's the truth. That's what the signs out there are saying. ...Women have the right to compete against other women without men in the competitive process."
The U.S. Supreme Court is expected to issue a ruling in the controversial case by late June.
