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9th U.S. Circuit Court of Appeals

Aug. 18, 2023

Idaho can’t ban transgender athletes in women’s sports

Judge Kim McLane Wardlaw wrote that the U.S. Department of Education has proposed policies, not before the court, that “attempt to balance transgender inclusion with competitive fairness — a policy question that such regulatory bodies are best equipped to address.”

A 9th U.S. Circuit Court of Appeals panel on Thursday upheld a district judge’s ruling blocking implementation of Idaho’s ban on transgender girls and women participating on female teams in school sports.

Idaho’s law, passed in March 2020, was the first in the nation to approve a categorical ban on the participation of transgender women and girls in women’s student athletics at every age, from primary school through college — including in i...

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