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. * This summary constitutes no part of the opinion of the court. It has been prepared by court staff for the convenience of the reader.