Legal defense to 'Save Women's Sports' granted right to make argument to SCOTUS amid trans athlete dispute

Idaho Attorney General Raul Labrador and the rest of the legal defense looking to "save women's sports" have been guaranteed a chance to present their oral arguments to the U.S. Supreme Court after a trans athlete tried to have a potential landmark case dismissed. 

The Supreme Court ordered on Monday that it would defer ruling on the trans athlete's bid to have the case dismissed until after oral arguments are made. 

A federal judge ruled against the trans athlete's motion last week, but the Supreme Court's decision would definitively determine if the case proceeded or not. Now, the case will at least proceed to oral arguments, which are likely to take place in January. 

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The trans athlete, Lindsay Hecox, started the legal battle in 2020. That year, Hecox wanted to join the women's cross-country team at Boise State, and had the state's law to prevent trans athletes from competing in women's sports blocked. Hecox was joined by an anonymous biological female student, Jane Doe, who was concerned about the potential of being subjected to the sex dispute verification process. 

Hecox's challenge was successful, as a federal judge blocked Idaho's state law. Then a 9th U.S. Circuit Court of Appeals panel upheld an injunction blocking the state law in 2023, before the Supreme Court agreed to hear the case back in July. The Supreme Court also agreed to hear a similar case in West Virginia involving a trans athlete, West Virginia v. B.P.J. 

Hecox asked SCOTUS last month to drop the challenge, claiming the athlete "has therefore decided to permanently withdraw and refrain from playing any women's sports at BSU or in Idaho."

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

"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. 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. We look forward to presenting oral argument in accordance with the Court's order," the statement read. 

Meanwhile, Labrador previously said he hopes for the Supreme Court to cast a decision with a wider impact than just letting one state carry out its own specific law on the issue. He wants a new national precedent. 

"I believe that that's what they're gonna do," Labrador previously told Fox News Digital in an exclusive interview. "I think they're going to have a big ruling on whether men can participate in women's sports, and more importantly, how to determine whether transgender individuals are protected by the federal constitution and state and federal laws." 

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