Case: Hecox v. Little

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

Filed Date: April 15, 2020

Case Ongoing

Clearinghouse coding complete

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 …

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.

The defendants and intervenors filed a petition for rehearing en banc, and their petitions are pending with the Ninth Circuit as of October 8, 2023.

Summary Authors

Sarah Portwood (10/8/2023)

People

For PACER's information on parties and their attorneys, see: https://www.courtlistener.com/docket/59860691/parties/hecox-v-little/


Judge(s)
Attorney for Plaintiff

Arkles, Gabriel (Idaho)

Attorney, Selim Aryn (- United States (national) -)

Attorney, Catherine West, (- United States (national) -)

Attorney, Kathleen R. (- United States (national) -)

Attorney for Defendant
Expert/Monitor/Master/Other

Attorney, Sarah E. (- United States (national) -)

Judge(s)

Nye, David Charles (Idaho)

show all people

Documents in the Clearinghouse

Document
53

1:20-cv-00184

Statement of Interest

June 19, 2020

June 19, 2020

Pleading / Motion / Brief

1:20-cv-00184

Memorandum Decision and Order

Aug. 17, 2020

Aug. 17, 2020

Order/Opinion

479 F.Supp.3d 479

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 2023

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 79

Resources

Docket

See docket on RECAP: https://www.courtlistener.com/docket/59860691/hecox-v-little/

Last updated April 24, 2024, 3:02 a.m.

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
38

NOTICE of Appearance by Steven Lamar Olsen on behalf of Boise State University, 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 (Olsen, Steven)

May 29, 2020

May 29, 2020

PACER
39

DOCKET ENTRY ORDER: Responses to 30 MOTION to Intervene are due by 6/9/2020. Replies are due by 6/16/2020. 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 (mt)

June 1, 2020

June 1, 2020

PACER

Set/Reset Deadlines as to 30 MOTION to Intervene . Responses due by 6/9/2020. Replies due by 6/16/2020. (jd)

June 1, 2020

June 1, 2020

PACER
40

MOTION to Dismiss for Lack of Jurisdiction Subject Matter Dayton Patrick Reed appearing for Defendants 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. Responses due by 6/22/2020 (Attachments: # 1 Memorandum in Support Motion to Dismiss)(Reed, Dayton)

June 1, 2020

June 1, 2020

PACER
41

RESPONSE to Motion re 22 MOTION for Preliminary Injunction (Equal Protection Claim) filed by 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. Replies due by 6/18/2020. (Attachments: # 1 Expert Declaration of Gregory A. Brown, Ph.D. FACSM)(Zanzig, W)

June 4, 2020

June 4, 2020

PACER
42

MOTION for Leave to File Conditional Memorandum in Response to Plaintiffs' Motion for Preliminary Injunction Jeffrey A. Shafer appearing for Intervenor Parties Madison Kenyon, Mary Marshall. Responses due by 6/25/2020 (Shafer, Jeffrey)

June 4, 2020

June 4, 2020

PACER
43

RESPONSE to Motion re 42 MOTION for Leave to File Conditional Memorandum in Response to Plaintiffs' Motion for Preliminary Injunction filed by Jane Doe, Lindsay Hecox. Replies due by 6/19/2020.(Eppink, Richard)

June 5, 2020

June 5, 2020

PACER
44

RESPONSE to Motion re 42 MOTION for Leave to File Conditional Memorandum in Response to Plaintiffs' Motion for Preliminary Injunction, 30 MOTION to Intervene filed by 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. Replies due by 6/22/2020.(Zanzig, W)

June 8, 2020

June 8, 2020

PACER
45

MEMORANDUM in Opposition re 30 MOTION to Intervene Plaintiffs' Opposition to Motion to Intervene filed by Jane Doe, Lindsay Hecox. Replies due by 6/23/2020.(Eppink, Richard)

June 9, 2020

June 9, 2020

PACER
46

SUPPLEMENT by Intervenor Parties Madison Kenyon, Mary Marshall re 42 MOTION for Leave to File Conditional Memorandum in Response to Plaintiffs' Motion for Preliminary Injunction (Proposed Memorandum). (Attachments: # 1 Exhibit A- Declaration of Chelsea Mitchell, # 2 Exhibit B- Expert Affidavit of Dr. Stephen Levine)(Brooks, Roger)

June 9, 2020

June 9, 2020

PACER
47

DOCKET ENTRY ORDER re 42 MOTION for Leave to File Conditional Memorandum in Response to Plaintiffs' Motion for Preliminary Injunction filed by Mary Marshall, Madison Kenyon. Having considered the parties' briefing, and good cause appearing, the Court GRANTS the proposed intervenors' Motion for Leave to File a Conditional Memorandum in Opposition to Plaintiffs' Motion for Preliminary Injunction. The proposed intervenors filed a proposed memorandum in opposition on June 9, 2020. The Court accepts this memorandum as the proposed intervenors' opposition to Plaintiffs' Motion for Preliminary Injunction. Plaintiffs' reply, if any, shall be filed on or before June 29, 2020. In issuing this Order, the Court is not granting the Motion to Intervene. The Court will rule on the Motion to Intervene after the hearing on July 22, 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 (nt)

June 12, 2020

June 12, 2020

PACER
48

ORDER ON PLAINTIFF'S MOTION FOR MINOR AND HER NEXT FRIENDS TO PROCEED UNDER PSEUDONYMS (DKT 9 ) - The Doe Plaintiffs have established good cause for proceeding under pseudonyms and their Motion to Proceed Under Pseudonyms (Dkt. 9 ) is GRANTED. 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)

June 12, 2020

June 12, 2020

PACER
49

DOCKET ENTRY NOTICE OF HEARING: A hearing on the 40 MOTION to Dismiss for Lack of Jurisdiction Subject Matter, and the 30 MOTION to Intervene will be held on 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).

June 12, 2020

June 12, 2020

PACER
50

DOCKET ENTRY ORDER: IT IS HEREBY ORDERED that the Telephonic Scheduling Conference set for 6/18/2020 at 11:30 AM is VACATED and will be rescheduled to a later date. The requirement for the parties to submit their Joint Litigation and Discovery Plans is also vacated. 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 (ab)

June 15, 2020

June 15, 2020

PACER
51

MOTION for Leave to File Supplemental Opposition to Motion to Intervene (Dkt. 30) Richard Alan Eppink appearing for Plaintiffs Jane Doe, Lindsay Hecox. Responses due by 7/6/2020 (Attachments: # 1 Plaintiffs' [Proposed] Supplemental Response to Motion to Intervene (Dkt. 30))(Eppink, Richard)

June 15, 2020

June 15, 2020

PACER
52

REPLY to Response to Motion re 30 MOTION to Intervene filed by Madison Kenyon, Mary Marshall.Motion Ripe Deadline set for 6/17/2020.(Skaug, Bruce)

June 16, 2020

June 16, 2020

PACER
53

NOTICE by United States of Statement of Interest (Donnelly, Matthew)

June 19, 2020

June 19, 2020

PACER
54

MOTION for Leave to File Unopposed Motion for Leave to File a Consolidated Reply in Support of Motion for Preliminary Injunction Richard Alan Eppink appearing for Plaintiffs Jane Doe, Lindsay Hecox. Responses due by 7/13/2020 (Eppink, Richard)

June 22, 2020

June 22, 2020

PACER
55

RESPONSE to Motion re 40 MOTION to Dismiss for Lack of Jurisdiction Subject Matter filed by Jane Doe, Lindsay Hecox. Replies due by 7/6/2020.(Eppink, Richard)

June 22, 2020

June 22, 2020

PACER
56

ORDER ON PLAINTIFFS' MOTION FOR LEAVE TO FILE A CONSOLIDATED REPLY BRIEF IN SUPPORT OF MOTION FOR PRELIMINARY INJUNCTION. IT IS HEREBY ORDERED that Plaintiffs' Motion for Leave to File a Consolidated Reply Brief In Support of Motion for Preliminary Injunction (Dkt. 54 ) is GRANTED. Plaintiffs may file a consolidated reply brief of up to twenty-five (25) pages in support of their motion for preliminary injunction. IT IS FURTHER ORDERED that Plaintiffs' consolidated reply brief is due on or before June 29, 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 (ckh)

June 23, 2020

June 23, 2020

PACER

Set/Reset Deadlines as to 22 MOTION for Preliminary Injunction (Equal Protection Claim). Replies due by 6/29/2020, per docket 56 . (ckh)

June 23, 2020

June 23, 2020

PACER
57

SUPPLEMENT by Intervenor Parties Madison Kenyon, Mary Marshall re 46 Supplement, Attachment to Expert Affidavit of Stephen Levine, MD. (Brooks, Roger)

June 25, 2020

June 25, 2020

PACER
58

REPLY to Response to Motion re 22 MOTION for Preliminary Injunction (Equal Protection Claim) filed by Jane Doe, Lindsay Hecox.Motion Ripe Deadline set for 6/30/2020. (Attachments: # 1 Supplemental Declaration of Adkins, # 2 Supplemental Declaration of Safer, # 3 Declaration of Turban)(Eppink, Richard)

June 29, 2020

June 29, 2020

PACER
59

REPLY to Response to Motion re 40 MOTION to Dismiss for Lack of Jurisdiction Subject Matter filed by 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.Motion Ripe Deadline set for 7/7/2020.(Reed, Dayton)

July 6, 2020

July 6, 2020

PACER
60

DOCKET ENTRY ORDER re 51 MOTION for Leave to File Supplemental Opposition to Motion to Intervene (Dkt. 30) filed by Jane Doe, Lindsay Hecox. Having considered the parties' briefing, and good cause appearing, the Court GRANTS Plaintiffs' Motion for Leave to File Supplemental Opposition to Motion to Intervene. Plaintiffs filed a proposed supplemental memorandum in opposition on June 15, 2020. The Court accepts this memorandum as Plaintiffs' Supplemental Opposition to the Motion to Intervene. The proposed intervenors filed a Reply on June 16, 2020, in which they addressed both Plaintiffs' Opposition, and Supplemental Opposition, to the Motion to Intervene. The Court will not consider any further briefing on the Motion to Intervene.. 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 (nt)

July 10, 2020

July 10, 2020

PACER
61

Minute Entry for proceedings held before Judge David C. Nye: Motion Hearing held on 7/22/2020 re 30 MOTION to Intervene filed by Mary Marshall, Madison Kenyon, 22 MOTION for Preliminary Injunction (Equal Protection Claim) filed by Jane Doe, Lindsay Hecox, and 40 MOTION to Dismiss for Lack of Jurisdiction Subject Matter filed by Bradley Little, Coby Dennis, Sherri Ybarra, Individual Members of the Board of Trustees of the Independent School District of Boise City #1, Boise State University, Marlene Tromp, Independent School District of Boise City #1, Individual Members of the Idaho Code Commission, Individual Members of the State Board of Education. Motions taken under advisement. Written decision forthcoming. (Court Reporter: Anne Bowline.) (st)

July 22, 2020

July 22, 2020

PACER
62

Notice of Filing of Official Transcript of Proceedings held on 7/22/2020 before Judge David C. Nye. Court Reporter/Transcriber Anne Bowline, Email anne_bowline@id.uscourts.gov. Transcript may be viewed at the court public terminal or purchased through the Court Reporter/Transcriber before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER. This transcript is not available to the general public and as such is sealed until release of transcript restriction. Redaction Request due 8/21/2020. Redacted Transcript Deadline set for 8/31/2020. Release of Transcript Restriction set for 10/29/2020. (amb)

July 31, 2020

July 31, 2020

PACER
63

MEMORANDUM DECISION AND ORDER - The Motion to Intervene (Dkt. 30 ) is GRANTED; The Motion to Dismiss (Dkt. 40 ) is GRANTED IN PART and DENIED IN PART. It is GRANTED with respect to Plaintiffs facial Fourteenth Amendment constitutional challenges, it is DENIED with respect to Plaintiffs as-applied constitutional claims and in all other respects; The Motion for Preliminary Injunction (Dkt. 22 ) is GRANTED. 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)

Aug. 17, 2020

Aug. 17, 2020

PACER
64

NOTICE OF APPEAL 20-35813 by 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 $ 505, receipt number 0976-2102074. (Notice sent to Court Reporter & 9th Cir) (Attachments: # 1 Representation Statement)(Zanzig, W) Modified on 9/21/2020, to add USCA case number (jd).

Sept. 16, 2020

Sept. 16, 2020

PACER
65

NOTICE OF APPEAL 20-35815 as to 63 Order on Motion for Preliminary Injunction, Order on Motion to Intervene, Order on Motion to Dismiss/Lack of Jurisdiction, by Madison Kenyon, Mary Marshall. Filing fee $ 505, receipt number 0976-2102144. (Notice sent to Court Reporter & 9th Cir) (Attachments: # 1 Representation Statement)(Brooks, Roger) Modified on 9/21/2020, to add USCA case number (jd).

Sept. 16, 2020

Sept. 16, 2020

PACER
66

USCA Case Number 20-35813 for 64 Notice of Appeal,, filed by Bradley Little, Coby Dennis, Sherri Ybarra, Individual Members of the Board of Trustees of the Independent School District of Boise City #1, Boise State University, Marlene Tromp, Independent School District of Boise City #1, Individual Members of the Idaho Code Commission, Individual Members of the State Board of Education. (jd) (Entered: 09/21/2020)

Sept. 17, 2020

Sept. 17, 2020

PACER
67

ORDER of USCA 20-35813 as to 64 Notice of Appeal,, filed by Bradley Little, Coby Dennis, Sherri Ybarra, Individual Members of the Board of Trustees of the Independent School District of Boise City #1, Boise State University, Marlene Tromp, Independent School District of Boise City #1, Individual Members of the Idaho Code Commission, Individual Members of the State Board of Education (Attachments: # 1 USCA Guide, # 2 Mediation Questionnaire, # 3 Cover letter)(jd) (Additional attachment(s) added on 9/21/2020: # 4 Notice) (jd). (Entered: 09/21/2020)

Sept. 17, 2020

Sept. 17, 2020

PACER
68

USCA Case Number 20-35815 for 65 Notice of Appeal, filed by Mary Marshall, Madison Kenyon. (jd) (Entered: 09/21/2020)

Sept. 17, 2020

Sept. 17, 2020

PACER
69

Notice of USCA 20-35815 as to 65 Notice of Appeal, filed by Mary Marshall, Madison Kenyon (Attachments: # 1 Mediation Questionnaire, # 2 Cover Letter, # 3 USCA Guide)(jd) (Entered: 09/21/2020)

Sept. 17, 2020

Sept. 17, 2020

PACER
70

DOCKET ENTRY ORDER Pursuant to informal communications with the parties, this case is STAYED pending the appeals of this Court's Preliminary Injunction Order (Dkt. 63). 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 (nt)

Oct. 14, 2020

Oct. 14, 2020

PACER
71

NOTICE by Jane Doe, Lindsay Hecox Notice of Withdrawal (Gabriel Arkles) (Eppink, Richard)

Nov. 13, 2020

Nov. 13, 2020

PACER
72

NOTICE by Jane Doe, Lindsay Hecox Notice of Withdrawal (Elizabeth Prelogar) (Eppink, Richard)

Jan. 19, 2021

Jan. 19, 2021

PACER
73

MOTION to Withdraw Appearance of Attorneys Shafer and Douglas Roger G. Brooks appearing for Intervenor Parties Madison Kenyon, Mary Marshall. Responses due by 3/10/2021 (Brooks, Roger)

Feb. 17, 2021

Feb. 17, 2021

PACER
74

MOTION to Lift Stay for Sole Purpose of Vacating Protective Order re 70 Order, 48 Order on Motion for Miscellaneous Relief, (Unopposed) Richard Alan Eppink appearing for Plaintiffs Jane Doe, Lindsay Hecox. Responses due by 3/30/2021 (Eppink, Richard)

March 9, 2021

March 9, 2021

PACER
75

ORDER ON PLAINTIFFS' UNOPPOSED MOTION TO LIFT STAY FOR SOLE PURPOSE OF VACATING PROTECTIVE ORDER - Plaintiffs Motion to Lift Stay for the Sole Purpose of Vacating Protective Order (Dkt. 74 ) is GRANTED. The stay in this case (Dkt. 70 ) is lifted for the sole purpose of vacating the protective order (Dkt. 43 ), and the protective order is vacated. Afterwards, the stay is put back in place pending resolution of Defendants and Intervenors appeal of this Courts Order granting a preliminary injunction (Dkt. 63 ). 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)

March 19, 2021

March 19, 2021

PACER
76

NOTICE of Change of Address by Richard Alan Eppink (Eppink, Richard)

March 25, 2021

March 25, 2021

PACER

Case Details

State / Territory: Idaho

Case Type(s):

Education

Key Dates

Filing Date: April 15, 2020

Case Ongoing: Yes

Plaintiffs

Plaintiff Description:

Transgender woman competing in college sports; Cisgender but masculine-presenting high school girl competing in girls' sports

Plaintiff Type(s):

Private Plaintiff

Attorney Organizations:

ACLU Affiliates (any)

Public Interest Lawyer: Yes

Filed Pro Se: No

Class Action Sought: No

Class Action Outcome: Not sought

Defendants

Idaho, State

Boise State University (Boise), State

Independent School District of Boise City #1 (Boise), School District

Defendant Type(s):

Jurisdiction-wide

College/University

Elementary/Secondary School

Case Details

Causes of Action:

42 U.S.C. § 1983

Title IX of the Education Amendments of 1972, 20 U.S.C. §§ 1681 et seq.

Ex parte Young (federal or state officials)

Constitutional Clause(s):

Due Process

Due Process: Substantive Due Process

Unreasonable search and seizure

Equal Protection

Available Documents:

Trial Court Docket

Complaint (any)

Any published opinion

Outcome

Prevailing Party: None Yet / None

Nature of Relief:

Preliminary injunction / Temp. restraining order

Source of Relief:

Litigation

Content of Injunction:

Preliminary relief granted

Issues

General:

Education

School/University policies

Discrimination-area:

Disparate Treatment

Sports

LGBTQ+:

LGBTQ+

Transgender: Sports

Discrimination-basis:

Gender identity

Affected Sex or Gender:

Female

Intersex

Transgender

Type of Facility:

Government-run