Opinion
20-35813 20-35815
04-29-2024
LINDSAY HECOX; JANE DOE, with her next friends Jean Doe and John Doe, Plaintiffs-Appellees, v. BRADLEY LITTLE, in his official capacity as Governor of the State of Idaho; SHERRI YBARRA, in her official capacity as the Superintendent of Public Instruction of the State of Idaho and as a member of the Idaho State Board of Education; INDIVIDUAL MEMBERS OF THE STATE BOARD OF EDUCATION, in their official capacities; BOISE STATE UNIVERSITY; MARLENE TROMP, in her official capacity as President of Boise State University; INDEPENDENT SCHOOL DISTRICT OF BOISE CITY, # 1; COBY DENNIS, in his official capacity as superintendent of the Independent School District of Boise City #1; INDIVIDUAL MEMBERS OF THE BOARD OF TRUSTEES OF THE INDEPENDENT SCHOOL DISTRICT OF BOISE CITY, # 1; in their official capacities; INDIVIDUAL MEMBERS OF THE IDAHO CODE COMMISSION, in their official capacities, Defendants-Appellants, and MADISON KENYON; MARY MARSHALL, Intervenors. LINDSAY HECOX; JANE DOE, with her next friends Jean Doe and John Doe, Plaintiffs-Appellees, v. BRADLEY LITTLE, in his official capacity as Governor of the State of Idaho; SHERRI YBARRA, in her official capacity as the Superintendent of Public Instruction of the State of Idaho and as a member of the Idaho State Board of Education; INDIVIDUAL MEMBERS OF THE STATE BOARD OF EDUCATION, in their official capacities; BOISE STATE UNIVERSITY; MARLENE TROMP, in her official capacity as President of Boise State University; INDEPENDENT SCHOOL DISTRICT OF BOISE CITY, # 1; COBY DENNIS, in his official capacity as superintendent of the Independent School District of Boise City #1; INDIVIDUAL MEMBERS OF THE BOARD OF TRUSTEES OF THE INDEPENDENT SCHOOL DISTRICT OF BOISE CITY, # 1; in their official capacities; INDIVIDUAL MEMBERS OF THE IDAHO CODE COMMISSION, in their official capacities, Defendants, and MADISON KENYON; MARY MARSHALL, Intervenors-Appellants.
D.C. No. 1:20-cv-00184-DCN
Before: Kim McLane Wardlaw, Ronald M. Gould, and Morgan Christen, Circuit Judges.
SUMMARY
Equal Protection/Transgender Status
In light of the Supreme Court's decision in Labrador v. Poe, No. 23A763, slip op. (U.S. Apr. 15, 2024), the panel withdrew its opinions filed on August 17, 2023, published at Hecox v. Little, 79 F.4th 1009 (9th Cir. 2023) (affirming the district court's order preliminary enjoining Idaho's Fairness in Women's Sports Act, a categorical ban on the participation of transgender women and girls in women's student athletics), with an amended opinion to follow in due course.
ORDER
The opinions filed on August 17, 2023 (Dkt. No. 218), published at Hecox v. Little, 79 F.4th 1009 (9th Cir. 2023), are withdrawn in light of the Supreme Court's decision in Labrador v. Poe, No. 23A763, slip op. (U.S. Apr. 15, 2024). An amended opinion will follow in due course.
IT IS SO ORDERED.
This summary constitutes no part of the opinion of the court. It has been prepared by court staff for the convenience of the reader.