Crapo Joins Amicus Brief Supporting Idaho, West Virginia Title IX SCOTUS Case

Washington, D.C.--U.S. Senator Mike Crapo (R-Idaho) joined a bicameral amicus brief led by U.S. Senator Jim Risch (R-Idaho) to the Supreme Court of the United States in the cases Little v. Hecox and State of West Virginia v. B.P.J.

The brief supports the States of Idaho and West Virginia in defending their laws preserving Title IX protections and prohibiting biological men from participating in women’s sports.

“Congress established Title IX to protect women in all levels of education against discrimination on the basis of sex.  That protection applies to school sports--where female athletes who have invested significant time and effort to excel should not be made to face unfair competition from biological males in women’s categories,” said Senator Mike Crapo.  “Idaho must have the right to stop any efforts that attempt to undermine Title IX.”

“Life isn’t fair, but sports should be.  Idaho passed a strong law to uphold Title IX’s intended purpose and prevent biological men from competing in women’s sports,” said Senator Jim Risch.  “This amicus brief demonstrates that any attempt by the courts to rewrite Title IX protections throws away decades of progress made by women and jeopardizes their right to fair, equal athletics.  Our daughters and granddaughters deserve an even playing field, and Idaho’s law does just that.”

“When Congress passed Title IX over fifty years ago, the People’s representatives made a commitment to future generations of women and girls that they would have fairness in athletics and equal treatment in education," said Representative Russ Fulcher.  "This common-sense provision is based on a stable understanding of an individual’s biological sex. Since then, Idaho has become the first state in the nation to ban biological males who identify as female from competing against women and girls in sports. This is aligned with federal law, and I am confident the court will see it as such.”

“Title IX has advanced and protected educational opportunities for students for more than fifty years.  Unfortunately, radical policies and far-left woke ideology are trying to undo all the progress we have made when it comes to protecting women’s sports.  Female athletes should not have to worry about losing scholarships or Olympic medals by having to compete against men,” said Representative Mike Simpson.  “Now more than ever, we need to stand united against this insanity and uphold our promise for the next generation of young girls.  Americans are grateful to leaders like Governor Little, as Idaho was the first state in the nation to ban biological males from competing in female athletics.  Idaho has set a common-sense standard — one that should now be met across the country.”

Additional Background

The amicus brief emphasizes that Title IX was written on the basis of sex, not gender identity.  The brief states:

• Neither Title IX nor subsequent legislation mention the concept of “gender identity;”

• Title IX was enacted under the Spending Clause, which requires clear and unambiguous provisions, none of which say anything about gender identity; and

• Any attempts to expand upon Title IX protections must come from Congress, not the courts.

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