Lindsay Hecox v. Bradley Little

FOR PUBLICATION

UNITED STATES COURT OF APPEALS

FOR THE NINTH CIRCUIT

LINDSAY HECOX; JANE DOE, with No. 20-35813 her next friends Jean Doe and John

Doe, D.C. No. 1:20-cv- 00184-DCN Plaintiffs-Appellees, v.

BRADLEY LITTLE, in his official ORDER 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 2 HECOX V. LITTLE

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 No. 20-35815 her next friends Jean Doe and John

Doe, D.C. No. 1:20-cv- 00184-DCN 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 HECOX V. LITTLE 3

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.

Filed April 29, 2024

Before: Kim McLane Wardlaw, Ronald M. Gould, and Morgan Christen, Circuit Judges.

4 HECOX V. LITTLE

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.