Kansas Family Foundation and True North Legal submit amicus brief to the Supreme Court on behalf of over 200 female legislators and 38 Family Policy Councils defending girls’ sports.
September 19, 2025 – Wichita, Kan.
Rep. Barbara Ehardt of Idaho, author and principal sponsor of the Idaho Fairness in Women’s Sports Act, which was enacted on March 30, 2020, filed an amicus brief in the United States Supreme Court supporting the state of Idaho in Hecox v. Little asking the Court to uphold the law. She was joined by 206 female state legislators and 38 policy organizations across the country, including the Idaho Family Policy Center. All of these legislators and organizations have authored, sponsored, introduced, supported, or advocated legislation defining eligibility for women’s sports based on biological criteria.
The Fairness in Women’s Sports Act was passed to keep other female athletes from facing unfair competitions as was the case in Idaho prior to the law’s enactment. Shortly after the law was passed, the ACLU sued the state of Idaho claiming the law is unconstitutional because it does not allow males who identify as females to play in female only sports. The case has made its way up through the federal courts, and a panel for the United States Court of Appeals for the Ninth Circuit held the law unconstitutional. Now, the highest Court has chosen to weigh in and resolve what has become one of the most significant cultural issues of our day.
These legislators and family policy organizations understand that the consequences of mandating a gender-identity criterion for participation in women’s sports would fundamentally change and erase women’s and girls’ sports altogether. This means years of hard-fought gains and future opportunities for young girls would no longer remain.
Moreover, legislators across the country who authored and co-authored these bills believe it is their responsibility and duty to protect the opportunities of women and girls in their respective states by enacting legislation like the Fairness in Women’s Sports Act that was passed in Idaho. Amici understand that girls’ athletic opportunities are some of the most formative and impactful times in a young girl’s or young women’s life, in which experiences on the court or on the field foster enduring leadership qualities and character development. Amici believe all girls and women deserve that opportunity.
“When I first brought the “Fairness in Women’s Sports Act” in 2020, I stated unequivocally that it would go to the Supreme Court. Title IX was written as an “exclusive” document for girls & woman to have the same opportunities as boys & men. It’s time this intent be upheld by the highest court in the nation.” said Amicus Rep. Ehardt, former Division I NCAA basketball player and coach.
“The Court’s decision to hear this case is one step closer to justice for women and girls across the country. It only takes one male participant in a girl’s only event or team to change the outcome of an entire female sporting event. We’ve seen that happen across the country. Female athletes of all ages deserve a level playing field. It’s about fairness, safety, and following the law. Even more, allowing males who identify as women to compete in women’s and girls’ sports is hijacking more than podiums and scholarships. It’s taking away opportunities to learn valuable life lessons, develop character, and to build confidence, all of which are the often the additional benefits of many female athletes. We are honored to represent the legislators and state groups from across the country, including some of the first women to ever participate in girls’ only sports teams after Title IX was passed. These legislators and state allied organizations have vigorously contended for equality and opportunity for women and young girls in sports. We join them in praising the Court’s decision to take this case.” said Renee Carlson, General Counsel for True North Legal and co-author of the brief.
“For over fifty years the nation has recognized the need for and celebrated the achievement of women in sports. There is broad consensus on this topic across ideological and political lines. Women deserve the opportunity to compete on a level playing field. These laws, like the ones passed in Idaho and Kansas, recognize the biological reality that embodied athletes play sports, not identities. These laws simply say that where biology makes a competitive difference, it should be respected. Courts must recognize these realities if we hope to continue to see ongoing advancements in women’s sports. We look forward to oral arguments in this case and a positive ruling in the case ensuring girls’ opportunities continue to be protected,” said Brittany Jones, General Counsel for Kansas Family Foundation and co-author of the brief.
The amicus brief can be found here.