Defense in SCOTUS case to protect women's sports responds after motion to drop case

The legal team defending states in a forthcoming Supreme Court case to protect women's sports has filed a response after transgender athlete Lindsay Hecox asked the court to drop the challenge.

Led by Idaho Attorney General Raul Labrador and Alliance Defending Freedom attorney Kristen Waggoner, the response argues that Hecox's request to dismiss does not moot the dispute because a stay on proceedings remains in place and because Hecox retains an interest in preserving the option of participating in women's sports.

Little v. Hecox was filed in 2020 when Hecox sought to join the Boise State University women's cross-country team and challenge Idaho's law barring transgender athletes from competing in women's sports. An initial ruling blocked the state law, and a 9th U.S. Circuit Court of Appeals panel upheld that injunction in 2023 before the Supreme Court agreed to hear the case in July.

Earlier this month Hecox asked the court to drop the challenge, claiming she would permanently refrain from playing women's sports at BSU or in Idaho. The defense says the attempt to dismiss is barred by a stay of all proceedings to which Hecox agreed, and notes that Hecox still has an interest in preserving the decision below to keep open the option of competing in women's sports.

Beyond this individual dispute, the defense argues for a broader national precedent on whether states can uphold laws to preserve fairness and opportunity for female athletes. The aim, the defense has indicated, is to shape a ruling with impact beyond Idaho's borders about how transgender participation in sports should be regulated under state and federal law.

Attorneys general from 27 states and the U.S. Territory of Guam have signed amicus briefs supporting the defense. The list includes Arkansas, Alabama, Alaska, Florida, Georgia, Idaho, Indiana, Iowa, Kansas, Kentucky, Louisiana, Mississippi, Missouri, Montana, Nebraska, New Hampshire, North Dakota, Ohio, Oklahoma, Pennsylvania, South Carolina, South Dakota, Tennessee, Texas, Utah, Virginia, Wyoming, and Guam. The briefs argue that girls and women face structural disadvantages that Title IX was designed to eliminate and that protecting female athletics is a legitimate governmental interest.

The defense and allied states contend the case is not limited to Idaho’s law but could establish a national precedent on whether states may preserve fairness and opportunity for female athletes in the face of transgender eligibility disputes. Some supporters emphasize that a ruling could also clarify how transgender protections are interpreted under both federal and state law.

Alabama Attorney General Steve Marshall welcomed the effort to preserve opportunities for female athletes, saying that law, science, and the public will support a ruling that protects the integrity and accessibility of women’s sports. Supporters argue that the case transcends a single state and could influence policy nationwide if the Supreme Court sides with the defense.

Fox News Digital has reached out to Hecox’s attorneys for comment on the defense’s filing; no response was provided in this update.