Idaho Governor Brad Little signed an executive order on Wednesday to challenge the Biden administration’s recent changes to Title IX, a federal civil rights law that prohibits sex-based discrimination in educational programs receiving federal funding. The changes, which took effect this month, expanded protections for LGBTQ+ students, including those based on sexual orientation, gender identity, and sex characteristics. Idaho, however, is one of 26 states that have blocked the rule from being enforced by filing a lawsuit against the federal government.
A History of Defending Women’s Sports
Governor Little’s executive order primarily targets the implementation of Title IX changes in Idaho’s public schools. During a press conference at the Idaho State Capitol in Boise, Little outlined the directives for the Idaho State Board of Education, instructing them to ensure that Idaho’s public schools continue to comply with state laws that emphasize fairness in women’s sports.
“These girls and women, and their families, dedicate their time, passion, and money to improve their skills and compete to win,” Little stated during the press conference. “They deserve a level playing field. That is why it is so important for us as a state to do all we can to protect and defend women’s sports.”
Idaho’s stance on transgender participation in sports is not new. In 2020, Little signed House Bill 500 into law, making Idaho the first state to ban transgender women from competing in women’s sports. The bill, known as the “Fairness in Women’s Sports Act,” was co-sponsored by Rep. Barbara Ehardt, R-Idaho Falls, and former Sen. Mary Souza, R-Coeur d’Alene. Both were present at Wednesday’s press conference to show their continued support for the governor’s actions.
Title IX: A Lifeline for Women in Sports
Rep. Barbara Ehardt, a former collegiate athlete and coach, shared her personal experience with Title IX, highlighting the transformative impact it had on her life. “Title IX changed my life,” Ehardt said. “In 1972, I was 8 years old. Life was very different for women back then. People would ask me, ‘What do you want to do when you grow up?’ I literally would tell people that I wanted to play sports, and I was told that’s not what girls do.”
Despite being discouraged, Ehardt pursued her dream, eventually earning a Division I basketball scholarship and coaching college basketball for 15 years. Her story, while inspiring, underscores the historical context of Title IX and the opportunities it has provided for women in sports—a context she believes is under threat from the recent federal changes.
“We made the world better for those female athletes,” Ehardt continued. “We are going to stand up for the rights of girls and women, not just in sports, but in all things related to Title IX rewrites.”
The Impact on Transgender Athletes and Their Families
While the executive order and the rhetoric surrounding it are designed to rally support for what is framed as “fairness” in women’s sports, the implications for transgender athletes and their families are profound. The executive order reinforces the ban on transgender women and girls participating in sports that align with their gender identity, a policy that has drawn sharp criticism from LGBTQ+ advocacy groups and allies.
For transgender students who simply wish to participate in high school sports, the executive order serves as a painful reminder of the barriers they face. The emphasis on “protecting women’s sports” often translates to exclusion for transgender athletes, who are left grappling with the question of where they fit in within a system that seems to reject their very identity.
Riley Gaines, a former swimmer for the University of Kentucky, spoke at the press conference, sharing her experience of competing against Lia Thomas, a transgender swimmer from the University of Pennsylvania. Gaines recounted the discomfort she felt in the locker room and the emotional toll of competing against someone she believed had an unfair advantage. “I can wholeheartedly attest to the unfair competition, to the tears that I saw from not just the moms in the stands watching as their daughters be obliterated in the sport that they once loved, but the tears from the girls who placed ninth and 17th and missed out on being named All-Americans by one place,” Gaines said.
However, for transgender athletes, the story is often one of exclusion and heartbreak. The very same passion and dedication that cisgender athletes bring to their sports are present in transgender athletes, yet they are repeatedly told that there is no place for them on the field, in the pool, or on the court. The executive order not only reinforces this exclusion but also sends a message that their identity is somehow incompatible with fairness in sports.
Legal Battles Ahead
The legal challenges surrounding Title IX and the rights of transgender individuals are far from over. The Idaho Attorney General’s office is actively involved in a case that challenges House Bill 71, a law passed earlier this year that prohibits doctors from providing gender-affirming care to minors. A federal judge has blocked the law, which forbids hormone therapy, certain surgeries, and puberty blockers for transgender youth. However, the state is appealing the decision, arguing that it has the right to regulate medical treatments it deems harmful.
John Bursch, representing Idaho Attorney General Raúl Labrador, argued before the Ninth Circuit Court of Appeals that the state’s law does not discriminate based on who seeks treatment but rather on the risks and benefits of the treatment itself. Bursch’s argument hinged on the idea that there is no substantive due process right to any specific medical treatment and that parents do not have the right to choose treatments the state considers harmful.
The legal battles over transgender rights in Idaho, from participation in sports to access to gender-affirming care, are emblematic of a broader national struggle. The outcome of these cases will have far-reaching implications not just for Idaho but for transgender individuals across the country.
The Bottom Line
As Idaho continues to navigate these complex and emotionally charged issues, it is crucial to remember the human impact of these decisions. Transgender individuals, particularly youth, are among the most vulnerable populations, facing higher rates of mental health challenges, bullying, and discrimination. The exclusionary policies being championed in the name of fairness only serve to deepen the divide and perpetuate the marginalization of an already vulnerable group.
The conversation around transgender participation in sports and access to medical care must be approached with empathy, understanding, and a commitment to inclusion. As the legal challenges unfold, it is essential to center the voices of those most affected—transgender athletes and their families—and to strive for solutions that uphold the dignity and rights of all individuals, regardless of gender identity.
In the words of Chase Strangio, an attorney with the ACLU’s Transgender Justice division, “It’s important to recognize the lack of close means and fit between what they say they’re doing, protecting children, and what they’ve done, which is categorically and criminally prohibiting a range of treatments because those treatments allow individuals to live in a way that is inconsistent with their birth sex.”
As Idaho and other states grapple with these issues, let us not lose sight of the fundamental rights at stake—the right to participate, the right to access necessary care, and the right to live authentically. The path forward must be one that embraces these rights for all, ensuring that no one is left behind in the pursuit of fairness and equality.
