Case: Hecox v. Little

1:20-cv-00184 | U.S. District Court for the District of Idaho

Filed Date: April 15, 2020

Case Ongoing

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Case Summary

This case centers around Idaho’s HB 500, which bans women and girls who are transgender and many women and girls who are intersex from participating in sports by requiring them to present proof of “biological sex.” On April 15, 2020, the plaintiffs in this case—a transgender college athlete at Boise State University (BSU) and a cisgender high school athlete who has been described by her classmates as “masculine”—brought this lawsuit in the United States District Court for the District of Idaho against the government of Idaho, BSU, a school district in Boise, Idaho, and the members of the Idaho Code Commission. The plaintiffs in this case are represented by the ACLU of Idaho and private counsel. The complaint alleges that HB 500 discriminates against the plaintiffs because of their gender identity in violation of Title IX and of their equal protection and due process rights under the Fourteenth Amendment. The complaint further alleges that the government-compelled proof of “biological sex” constitutes an unreasonable search in violation of the Fourth Amendment. Finally, the complaint alleges that HB 500 misleads and induces school officials and other actors into violating the constitution by failing to notify them that HB 500 is unconstitutional. The plaintiffs ask for attorneys’ fees and an injunction enjoining the government of Idaho and the Idaho schools from enforcing HB 500. This case was initially assigned to Judge Candy W. Dale but was quickly reassigned to Judge David C. Nye on May 6, 2020.

Throughout the spring of 2020, the parties filed several key motions in this case. First, on April 30, 2020, plaintiffs filed a motion for preliminary injunction, asking that the court enjoin defendants from enforcing HB 500 while the case was pending. On May 26, 2020, two cisgender athletes at Idaho State University filed a motion to intervene. They argued that as cisgender women who had competed against a transgender woman the previous school year, they supported HB 500 and wanted their personal concerns represented in the case. Finally, on June 1, 2020, defendants filed a motion to dismiss, arguing that plaintiffs lacked standing, that the case was not yet ripe because HB 500 had not yet prevented either plaintiff from competing in women’s sports, and that plaintiffs’ facial challenge to HB 500 failed because it could be constitutionally enforced. On June 19, 2020, the United States Department of Justice, under the Trump administration, filed a Statement of Interest in the case, arguing that HB 500 was constitutional.

On August 17, 2020, Judge Nye issued an opinion ruling on all three motions. The district court granted in part and denied in part defendant’s motion to dismiss. On the one hand, the district court found that both plaintiffs had standing to bring this case, since both alleged disparate, less favorable treatment under the law on the basis of sex. Additionally, the court found that this case was ripe for judicial review because the questions presented in this case were primarily legal in nature and as such required little factual development to be ripe. Furthermore, the court found that should it withhold consideration, plaintiffs could suffer significant hardship because HB 500, if enforced, would have a direct effect on their daily lives. However, the court also acknowledged that facial challenges to a law are difficult to sustain, since the plaintiff must show that there are no circumstances under which the law could be constitutional. Because it has been found constitutional for the government to prohibit cisgender men from competing in women’s sports, barring people from participating in women’s sports based on sex is not unconstitutional in all circumstances. The district court therefore dismissed plaintiffs’ facial Fourteenth Amendment challenges, but the court did not dismiss plaintiffs’ as-applied Fourteenth Amendment challenges to the Act. 479 F.Supp.3d 930.

Regarding the motion to intervene, the district court found that the cisgender athletes had cognizable and protectable interest in maintaining “female-only competitions” which could be impaired should plaintiffs prevail. As such, the court granted their motion to intervene. 479 F.Supp.3d 930.

Finally, the district court granted plaintiffs’ motion for preliminary injunction, finding that plaintiffs were likely to succeed on their as applied Fourteenth Amendment challenges to HB 500. The court reasoned that defendants’ argument that HB 500 never used the term “transgender” and differentiated between students only on the basis of “biological sex” did “not overcome the inescapable conclusion that the Act discriminate[d] on the basis of transgender status.” Because HB 500 unconstitutionally discriminated against transgender women, Idaho needed to present an important government interest substantially related to HB 500. While plaintiffs did not dispute that promoting sex equality and providing opportunities for female athletes were important governmental interests, they argued that HB 500 was not substantially related to that interest. For the purposes of preliminary injunction, the court agreed with the plaintiffs. The district court found that there was no evidence on the record that allowing transgender women to compete in women’s sports would displace cisgender women, and that there was in fact evidence that transgender athletes would not displace cisgender athletes in women’s sports. Additionally, the court found that the terms of HB 500 itself reinforce the notion that the true interest of the state is to exclude transgender women and girls. Specifically, the act requires women athletes to present proof of “biological sex,” which can include reproductive anatomy, genetic makeup, or the level of testosterone the body produces without medical intervention. Based on this record, the court found the plaintiffs likely to succeed on the merits of their equal protection claim, and as such enjoined defendants from enforcing HB 500 pending the outcome of this case. 479 F.Supp.3d 930.

On September 16, 2020, the defendants and the intervenors appealed the district court’s order to the Ninth Circuit (docket nos. 20-35813 and 20-35813). Over the next six months, interested groups and entities filed many amicus briefs arguing from both sides of the case, including states, women’s rights groups, and LGBTQ+ rights groups.

The Ninth Circuit remanded the case back to the district court on June 24, 2021 for the sole purpose of determining whether the claim of one of the plaintiffs—the transgender college athlete—was moot because she had withdrawn from BSU, although she intended to re-enroll in the winter of 2022. The trial court ruled on the issue on July 18, 2022, at which point the plaintiff had re-enrolled at BSU, played on the women’s club soccer team, and intended to try out for the women’s track and cross-country teams in the fall. As such, the trial court found that her claim was not moot, and the Ninth Circuit affirmed that decision on January 30, 2023. 2023 WL 1097255.

On August 17, 2023, the Ninth Circuit affirmed the trial court’s granting of preliminary injunction in a two-to-one decision with one justice concurring in part and dissenting in part. The majority followed the reasoning of the trial court, finding that the plaintiffs’ claims warranted heightened scrutiny, and as such, plaintiffs were likely to succeed on the merits of their equal protections claim. 79 F.4th 1009.

	Document
53 1:20-cv-00184	Statement of Interest	June 19, 2020	June 19, 2020 Statement of Interest (DOJ)
1:20-cv-00184	Memorandum Decision and Order	Aug. 17, 2020	Aug. 17, 2020 Order/Opinion 479 F.Supp.3d 930
143 20-35815 20-35813	Order U.S. Court of Appeals for the Ninth Circuit	June 24, 2021	June 24, 2021 Order/Opinion
105 1:20-cv-00184	Order on Mootness Issue	July 18, 2022	July 18, 2022 Order/Opinion
20-35815 20-35813	Memorandum U.S. Court of Appeals for the Ninth Circuit	Jan. 30, 2023	Jan. 30, 2023 Order/Opinion 2023 WL 1097255
20-35815 20-35813	Opinion U.S. Court of Appeals for the Ninth Circuit	Aug. 17, 2023	Aug. 17, 2023 Order/Opinion 79 F.4th 1009

ECF Number	Description	Date	Link Date / Link
1	COMPLAINT for Declaratory and Injunctive Relief against Boise State University, Coby Dennis, Independent School District of Boise City #1, Individual Members of the Board of Trustees of the Independent School District of Boise City #1, Individual Members of the Idaho Code Commission, Individual Members of the State Board of Education, Bradley Little, Marlene Tromp, Sherri Ybarra ( Filing fee $ 400 receipt number 0976-2036759.), filed by Jane Doe, Lindsay Hecox. (Attachments: # 1 Cover Sheet, # 2 Summons Governor Brad Little, # 3 Summons Superintendent Sherri Ybarra, # 4 Summons State Board of Education members, # 5 Summons Boise State University, # 6 Summons Marlene Tromp, # 7 Summons Independent School District of Boise City #1, # 8 Summons Coby Dennis, # 9 Summons Board of Trustees of Independent School District of Boise City #1 members, # 10 Summons Idaho Code Commission members)(Eppink, Richard)	April 15, 2020	April 15, 2020 PACER
2	MOTION FOR PRO HAC VICE APPEARANCE by Gabriel Arkles. ( Filing fee $ 250 receipt number 0976-2036765.)Richard Alan Eppink appearing for Plaintiffs Jane Doe, Lindsay Hecox. Responses due by 5/6/2020 (Eppink, Richard)	April 15, 2020	April 15, 2020 PACER
3	MOTION FOR PRO HAC VICE APPEARANCE by Andrew Barr. ( Filing fee $ 250 receipt number 0976-2036766.)Richard Alan Eppink appearing for Plaintiffs Jane Doe, Lindsay Hecox. Responses due by 5/6/2020 (Eppink, Richard)	April 15, 2020	April 15, 2020 PACER
4	MOTION FOR PRO HAC VICE APPEARANCE by James Esseks. ( Filing fee $ 250 receipt number 0976-2036768.)Richard Alan Eppink appearing for Plaintiffs Jane Doe, Lindsay Hecox. Responses due by 5/6/2020 (Eppink, Richard)	April 15, 2020	April 15, 2020 PACER
5	MOTION FOR PRO HAC VICE APPEARANCE by Kathleen Hartnett. ( Filing fee $ 250 receipt number 0976-2036773.)Richard Alan Eppink appearing for Plaintiffs Jane Doe, Lindsay Hecox. Responses due by 5/6/2020 (Eppink, Richard)	April 15, 2020	April 15, 2020 PACER
6	MOTION FOR PRO HAC VICE APPEARANCE by Elizabeth Prelogar. ( Filing fee $ 250 receipt number 0976-2036779.)Richard Alan Eppink appearing for Plaintiffs Jane Doe, Lindsay Hecox. Responses due by 5/6/2020 (Eppink, Richard)	April 15, 2020	April 15, 2020 PACER
7	MOTION FOR PRO HAC VICE APPEARANCE by Chase Strangio. ( Filing fee $ 250 receipt number 0976-2036782.)Richard Alan Eppink appearing for Plaintiffs Jane Doe, Lindsay Hecox. Responses due by 5/6/2020 (Eppink, Richard)	April 15, 2020	April 15, 2020 PACER
8	MOTION FOR PRO HAC VICE APPEARANCE by Catherine West. ( Filing fee $ 250 receipt number 0976-2036783.)Richard Alan Eppink appearing for Plaintiffs Jane Doe, Lindsay Hecox. Responses due by 5/6/2020 (Eppink, Richard)	April 15, 2020	April 15, 2020 PACER
9	MOTION for Minor and Her Next Friends to Proceed Under Pseudonyms Richard Alan Eppink appearing for Plaintiffs Jane Doe, Lindsay Hecox. Responses due by 5/6/2020 (Attachments: # 1 Memorandum in Support, # 2 Declaration of Jane Doe's Next Friend and Mother Jean Doe, # 3 Declaration of Jane Doe's Next Friend and Father John Doe)(Eppink, Richard)	April 15, 2020	April 15, 2020 PACER
10	DOCKET ENTRY ORDER approving 2, 3, 4, 5 6, 7 and 8 Motion for Pro Hac Vice Appearance of attorney Elizabeth Prelogar,Kathleen Hartnett,James Esseks,Andrew Barr,Gabriel Arkles,Chase Strangio and Catherine Ann West for Jane Doe and Lindsay Hecox Per Local Rule 83.4(e), out-of-state counsel shall immediately register for ECF. (Notice sent to CM/ECF Registration Clerk). Signed by Judge Candy W. Dale. (caused to be mailed to non Registered Participants at the addresses listed on the Notice of Electronic Filing (NEF) by (jd)	April 16, 2020	April 16, 2020 PACER
11	Summons Issued as to All Defendants. (Print attached Summons for service.) (Attachments: # 1 Board of Trustees, # 2 Boise State, # 3 Bradley Little, # 4 Coby Dennis, # 5 Idaho Code Commission, # 6 Independent School District, # 7 Marlene Tromp, # 8 Sherri Ybarra)(jd)	April 16, 2020	April 16, 2020 PACER
12	WAIVER OF SERVICE Returned Executed by Coby Dennis, Individual Members of the Board of Trustees of the Independent School District of Boise City #1, Independent School District of Boise City #1. Coby Dennis waiver sent on 4/17/2020, answer due 6/16/2020; Individual Members of the Board of Trustees of the Independent School District of Boise City #1 waiver sent on 4/17/2020, answer due 6/16/2020; Independent School District of Boise City #1 waiver sent on 4/17/2020, answer due 6/16/2020. (Skinner, Daniel)	April 20, 2020	April 20, 2020 PACER
13	LITIGATION ORDER AND NOTICE OF TELEPHONIC SCHEDULING CONFERENCE - On or before June 11, 2020, the parties must file with the Court the joint Litigation Plan and Discovery Plan. Telephonic Scheduling Conference set for 6/18/2020 11:30 AM in Telephonic Hearing - Boise Courtroom 6 before Judge Candy W. Dale. Signed by Judge Candy W. Dale. (caused to be mailed to non Registered Participants at the addresses listed on the Notice of Electronic Filing (NEF) by (jd)	April 20, 2020	April 20, 2020 PACER
14	NOTICE of Appearance by Steven Lamar Olsen on behalf of Boise State University, Individual Members of the Idaho Code Commission, Individual Members of the State Board of Education, Bradley Little, Marlene Tromp, Sherri Ybarra (Olsen, Steven)	April 23, 2020	April 23, 2020 PACER
15	WAIVER OF SERVICE Returned Executed by Sherri Ybarra, Individual Members of the State Board of Education, Marlene Tromp, Boise State University, Individual Members of the Idaho Code Commission, Bradley Little. Sherri Ybarra waiver sent on 4/16/2020, answer due 6/15/2020; Individual Members of the State Board of Education waiver sent on 4/16/2020, answer due 6/15/2020; Marlene Tromp waiver sent on 4/16/2020, answer due 6/15/2020; Boise State University waiver sent on 4/16/2020, answer due 6/15/2020; Individual Members of the Idaho Code Commission waiver sent on 4/16/2020, answer due 6/15/2020; Bradley Little waiver sent on 4/16/2020, answer due 6/15/2020. (Olsen, Steven)	April 23, 2020	April 23, 2020 PACER
16	NOTICE of Assignment to Magistrate Judge and Requirement for Consent sent to counsel for Boise State University, Individual Members of the Idaho Code Commission, Individual Members of the State Board of Education, Bradley Little, Marlene Tromp, Sherri Ybarra and counsel for Lindsay Hecox re 14 Notice of Appearance and the 1 Complaint. Consent/Objection to Magistrate due by 6/23/2020. (jd)	April 24, 2020	April 24, 2020 PACER
17	Docket entry only - CONSENT to Magistrate Judge filed. (jd) (Entered: 04/27/2020)	April 25, 2020	April 25, 2020 PACER
18	MOTION for Leave to File Excess Pages Unopposed Motion for Leave to File a 30-Page Brief Richard Alan Eppink appearing for Plaintiffs Jane Doe, Lindsay Hecox. Responses due by 5/18/2020 (Eppink, Richard)	April 27, 2020	April 27, 2020 PACER
19	ORDER RE: MOTION TO EXCEED PAGE LIMIT (DKT 18 ) - Plaintiffs Motion for Leave to File a 30-Page Brief (Dkt. 18 ) is GRANTED. Plaintiffs may file a brief of up to thirty (30) pages in support of their forthcoming motion for preliminary injunction. Defendants response to Plaintiffs motion for preliminary injunction may be up to thirty (30) pages and any reply brief may be up to fifteen (15) pages. Signed by Judge Candy W. Dale. (caused to be mailed to non Registered Participants at the addresses listed on the Notice of Electronic Filing (NEF) by (jd)	April 28, 2020	April 28, 2020 PACER
20	RESPONSE to Motion re 18 MOTION for Leave to File Excess Pages Unopposed Motion for Leave to File a 30-Page Brief, 9 MOTION for Minor and Her Next Friends to Proceed Under Pseudonyms filed by Boise State University, Individual Members of the Idaho Code Commission, Individual Members of the State Board of Education, Bradley Little, Marlene Tromp, Sherri Ybarra. Replies due by 5/12/2020.(Reed, Dayton)	April 28, 2020	April 28, 2020 PACER
21	RESPONSE to Motion re 9 MOTION for Minor and Her Next Friends to Proceed Under Pseudonyms Non- Opposition filed by Boise State University, Individual Members of the Idaho Code Commission, Individual Members of the State Board of Education, Bradley Little, Marlene Tromp, Sherri Ybarra. Replies due by 5/12/2020.(Reed, Dayton)	April 28, 2020	April 28, 2020 PACER
22	MOTION for Preliminary Injunction (Equal Protection Claim) Richard Alan Eppink appearing for Plaintiffs Jane Doe, Lindsay Hecox. Responses due by 5/21/2020 (Attachments: # 1 Memorandum in Support, # 2 Adkins Declaration, # 3 Barr Declaration, # 4 Carroll Declaration, # 5 Fry Declaration, # 6 Hecox Declaration, # 7 Jane Doe Declaration, # 8 Jean Doe Declaration, # 9 Safer Declaration, # 10 Swoboda Declaration)(Eppink, Richard)	April 30, 2020	April 30, 2020 PACER
23	NOTICE of Appearance by Matthew K Wilde on behalf of Boise State University, Marlene Tromp (Wilde, Matthew)	May 5, 2020	May 5, 2020 PACER
24	A REQUEST FOR REASSIGNMENT TO A DISTRICT JUDGE HAS BEEN FILED IN THIS CASE(jd)	May 6, 2020	May 6, 2020 PACER
	DOCKET ENTRY NOTICE of Case Number Change, Case reassigned to Judge David C. Nye for all further proceedings. Judge Candy W. Dale no longer assigned to case. Please use this case number on all future pleadings, 1:20-cv-00184-DCN. (jd)	May 6, 2020	May 6, 2020 PACER
25	DOCKET ENTRY NOTICE VACATING HEARING - Due to reassignment of this matter, the Telephonic Scheduling Conference currently set for 6/18/2020 11:30 AM Telephonic Hearing - Boise Courtroom 6 before Judge Candy W. Dale is hereby VACATED. (at)	May 6, 2020	May 6, 2020 PACER
26	LITIGATION ORDER AND NOTICE OF TELEPHONIC SCHEDULING CONFERENCE - On or before June 11, 2020, the parties must file with the Court the joint Litigation Plan and Discovery Plan. Telephonic Scheduling Conference set for 6/18/2020 11:30 AM in Telephonic Hearing - Boise Chambers before Judge David C. Nye. Signed by Judge David C. Nye. (caused to be mailed to non Registered Participants at the addresses listed on the Notice of Electronic Filing (NEF) by (jd)	May 7, 2020	May 7, 2020 PACER
27	STIPULATION re 22 MOTION for Preliminary Injunction (Equal Protection Claim) by Boise State University, Individual Members of the Idaho Code Commission, Individual Members of the State Board of Education, Bradley Little, Marlene Tromp, Sherri Ybarra. (Olsen, Steven)	May 15, 2020	May 15, 2020 PACER
28	ORDER GRANTING STIPULATED MOTION RE: BRIEFING SCHEDULE ON MOTIONS - IT IS HEREBY ORDERED that the briefing schedule shall be amended as follows: Defendants shall file their motion to dismiss on or before June 1, 2020. Plaintiffs shall file their response to Defendants motion to dismiss on or before June 22, 2020. Defendants shall file their reply in support of their motion to dismiss on or before July 6, 2020. Defendants shall file their response to Plaintiffs preliminary injunction motion on or before June 4, 2020. Plaintiffs shall file their reply in support of their preliminary injunction motion on or before June 25, 2020. Signed by Judge David C. Nye. (caused to be mailed to non Registered Participants at the addresses listed on the Notice of Electronic Filing (NEF) by (jd)	May 18, 2020	May 18, 2020 PACER
	Set/Reset Deadlines as to 22 MOTION for Preliminary Injunction (Equal Protection Claim). Responses due by 6/4/2020. Replies due by 6/25/2020. (jd)	May 18, 2020	May 18, 2020 PACER
	Set/Reset Deadlines as to motion to dismiss. Responses due by 6/22/2020. Replies due by 7/6/2020. (jd)	May 18, 2020	May 18, 2020 PACER
29	DOCKET ENTRY NOTICE of Hearing: A hearing on the 22 MOTION for Preliminary Injunction (Equal Protection Claim) is set for 7/22/2020 at 09:00 AM in Boise - Courtroom 2 before Judge David C. Nye. Counsel to receive video link via separate notification. Members of the public may use the following to attend this matter via Audio ONLY: 1-669-254-5252, Meeting ID: 160 072 3098, Meeting Password: 364023. Persons granted remote access to proceedings are reminded of the general prohibition under federal law and Local Rule 83.1 against photographing, recording, and rebroadcasting of court proceedings. (ab) Modified on 7/10/2020 to include Zoom information (st).	May 19, 2020	May 19, 2020 PACER
30	MOTION to Intervene Bruce David Skaug appearing for Intervenor Parties Madison Kenyon, Mary Marshall. Responses due by 6/16/2020 (Attachments: # 1 Memorandum in Support of Motion to Intervene, # 2 Exhibit A- Declaration of Madison Kenyon, # 3 Exhibit B- Declaration of Mary Marshall, # 4 Exhibit C- Intervenors' Answer to Verified Complaint)(Skaug, Bruce)	May 26, 2020	May 26, 2020 PACER
31	MOTION FOR PRO HAC VICE APPEARANCE by Jeffrey A. Shafer. ( Filing fee $ 250 receipt number 0976-2051969.)Bruce David Skaug appearing for Intervenor Parties Madison Kenyon, Mary Marshall. Responses due by 6/16/2020 (Skaug, Bruce)	May 26, 2020	May 26, 2020 PACER
32	MOTION FOR PRO HAC VICE APPEARANCE by Roger G. Brooks. ( Filing fee $ 250 receipt number 0976-2052005.)Bruce David Skaug appearing for Intervenor Parties Madison Kenyon, Mary Marshall. Responses due by 6/16/2020 (Skaug, Bruce)	May 26, 2020	May 26, 2020 PACER
33	MOTION FOR PRO HAC VICE APPEARANCE by Kristen K. Waggoner. ( Filing fee $ 250 receipt number 0976-2052012.)Bruce David Skaug appearing for Intervenor Parties Madison Kenyon, Mary Marshall. Responses due by 6/16/2020 (Skaug, Bruce)	May 26, 2020	May 26, 2020 PACER
34	MOTION FOR PRO HAC VICE APPEARANCE by Christiana M. Holcomb. ( Filing fee $ 250 receipt number 0976-2052017.)Bruce David Skaug appearing for Intervenor Parties Madison Kenyon, Mary Marshall. Responses due by 6/16/2020 (Skaug, Bruce)	May 26, 2020	May 26, 2020 PACER
35	MOTION FOR PRO HAC VICE APPEARANCE by Parker Douglas. ( Filing fee $ 250 receipt number 0976-2052026.)Bruce David Skaug appearing for Intervenor Parties Madison Kenyon, Mary Marshall. Responses due by 6/16/2020 (Skaug, Bruce)	May 26, 2020	May 26, 2020 PACER
36	NOTICE of Appearance by Raul Rafael Labrador on behalf of Madison Kenyon, Mary Marshall (Labrador, Raul)	May 26, 2020	May 26, 2020 PACER
37	DOCKET ENTRY ORDER approving 31, 32, 33, 34 and 35 Motion for Pro Hac Vice Appearance of attorney Parker Douglas,Christiana Holcomb,Kristen K. Waggoner,Roger G. Brooks and Jeffrey A. Shafer for Madison Kenyon and for Mary Marshall Per Local Rule 83.4(e), out-of-state counsel shall immediately register for ECF. (Notice sent to CM/ECF Registration Clerk). Signed by Judge David C. Nye. (caused to be mailed to non Registered Participants at the addresses listed on the Notice of Electronic Filing (NEF) by (jd)	May 27, 2020	May 27, 2020 PACER

Case: Hecox v. Little

1:20-cv-00184 | U.S. District Court for the District of Idaho

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