Idaho AG says Supreme Court transgender sports case defies 'common sense'
The Supreme Court is considering whether states can bar transgender athletes from competing on girls and women’s school sports teams, a case some Republican leaders say never should have reached the high court.
Idaho Attorney General Raúl Labrador said the state’s solicitor general is arguing the case before the Supreme Court with his full support. The case centers on laws in Idaho and West Virginia that ban transgender athletes from competing on female sports teams at public schools.
"If anybody 10 years ago would have said that we would be before the U.S. Supreme Court today, arguing whether a male who identifies as a female should have a right to participate in women’s sports, I think most people would think that we were crazy," Labrador said Tuesday on "Fox & Friends."
WE WERE COLLEGE ATHLETES. SUPREME COURT MUST LISTEN TO OUR CASE AND SAVE WOMEN’S SPORTS
Labrador has defended his state’s laws and said they uphold the original intent of Title IX to protect the rights and safety of women and girls in sports.
SUPREME COURT TO REVIEW STATE BANS ON TRANSGENDER ATHLETES' PARTICIPATION IN SCHOOL SPORTS
Opponents, however, say the laws fail to account for individual circumstances. Factors such as whether an athlete has taken puberty blockers or cross-sex hormones are not evaluated under the bans.
But Labrador argues the issue comes down to fairness and safety for women and girls who compete.
"I hope all nine justices can agree that common sense should allow women to be protected in their spaces and in sports," Labrador said.
Lower federal courts have blocked Idaho and West Virginia from enforcing their bans, rulings the states are now seeking to overturn. A decision from the Supreme Court could set a precedent for dozens of states nationwide that have enacted similar laws.
Those lower courts have ruled the bans are discriminatory "on the basis of sex," violating Title IX and the Constitution’s equal protection clause. But Labrador said he believes the country is more aligned on the issue than critics suggest.
"I don’t think it’s a 70-30 issue. I think it’s an 80-20 issue, a 90-10 issue," Labrador said.
"I think common sense will prevail."
The Supreme Court is expected to decide the case by early summer.