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“This is a victory for all women and girls in Idaho. Trans people belong in sports,” wrote the American Civil Liberties Union, which provided legal representation in the case.
CNN has reached out to Little’s office for comment.
Nye said Idaho did not provide sufficient reasons for the law to exist.
“The State has not identified a legitimate interest served by the Act that the preexisting rules in Idaho did not already address, other than an invalid interest of excluding transgender women and girls from women’s sports entirely, regardless of their physiological characteristics,” Nye wrote.
The law was challenged by transgender cross-country athlete Lindsay Hecox, a student at Boise State University.
A second plaintiff in the case is a 17-year-old cisgender athlete — unnamed in the lawsuit because she is a minor — who is concerned that she may be forced to invasively “prove” her gender because of her athletic build and “masculine” personal traits.
Judge Nye agreed that was unfair and “being subject to a sex dispute is itself humiliating.” The law does not have a similar requirement for male athletes, Nye noted.
The preliminary injunction is not the final say in the lawsuit, but Nye said in his 87-page order “plaintiffs are likely to succeed in establishing the Act is unconstitutional.”
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