Alliance Defending Freedom Petitions 9th Circuit to Uphold Idaho's Fairness in Women's Sports Act

"The only way to get fair competition is to fight for it and not be silent." -- Madison Kenyon

Alliance Defending Freedom has filed a petition in the U.S. Court of Appeals for the 9th Circuit on behalf of two Idaho female college athletes, asking the full court to uphold Idaho's Fairness in Women's Sports Act after a three-judge panel ruled against it.

In Hecox v. Little, Alliance Defending Freedom attorneys on behalf of Madison Kenyon and Mary Kate Marshall, female athletes who participate in ISU's cross country and track and field team, contend that the Act, which ensures that female athletes do not have to compete against male individuals who identify as female, is essential to maintaining fairness in women's sports.

The petition highlights the progress women and girls have made in achieving equality in various aspects of American life, including sports, and points out the unfairness of males identifying as women participating in women's sports. 

Alliance Defending Freedom attorneys argue that gender classifications in sports policies can be constitutionally acceptable when they are based on real      differences between the sexes and serve legitimate government interests, particularly in promoting fairness and equality in sports.

ADF attorneys cited the example of Michael M. v. Sonoma County Superior Court, in which the Supreme Court upheld a statute that applied only to males for statutory rape, as it recognized the biological fact that only women could become pregnant. 

The example demonstrates that gender-based classifications can be justified when they address distinct aspects of male and female biology. 

Applying this reasoning, ADF attorneys argued that policies differentiating between male and female athletes in sports teams are constitutionally sound as long as they aim to redress past discrimination against women in sports and ensure equal opportunities for athletic participation between the sexes. 

In a statement on Alliance Defending Freedom Media, Alliance Defending Freedom Senior Counsel and Vice President of Appellate Advocacy John Bursch said, "Madison Kenyon and Mary Kate Marshall know from personal experience how demoralizing and defeating it is to train your hardest and best, only to be forced to compete against a male—and be pushed down in the rankings. Women like these two all-star collegiate athletes, and a dozen others we represent across the country, deserve to compete on a level playing field with other women. This isn't political or partisan—it's basic fairness and common sense. We hope the full court will agree to hear the stories of these brave women fighting for the future of women's sports and restore their ability to compete and win."

Alliance Defending Freedom is an alliance-building, non-profit legal organization committed to protecting religious freedom, free speech, parental rights, marriage and family, and the sanctity of life.

Alliance Defending Freedom International (ADF International) is the global arm of Alliance Defending Freedom that advocates for essential freedoms, such as freedom of expression, media, assembly, equality, and the protection of minority rights around the world.

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