Hecox vs Little aka ACLU vs Idaho

We, the undersigned current and former NCAA and professional female athletes, strongly urge you to reject a recent call to boycott Idaho for passing its Fairness in Women’s Sports Act. Such bullying tactics are antithetical to the NCAA values of respect, fairness, and civility, and would send a chilling message to women across the U.S. about the NCAA’s commitment to the integrity of women’s sports.

Fairness for female athletes should not be a political or partisan issue. We athletes have diverse views on many topics, but stand united on this fact: protecting the integrity of women’s sports is pro-woman, pro-fairness, and consistent with the purpose and promise of Title IX.

Each one of us has benefitted personally, and many of us professionally, from a fair and level playing field. We have achieved striking success in the sports we love, and we are committed to preserving the same equality of opportunity for future female athletes.

We strongly believe that everyone should have the opportunity to compete, but true athletic parity for women demands that women’s sports be protected for biological females. Protecting the integrity of women’s sports has, for decades, played an integral role in remedying past discrimination against women and empowering them to achieve their full athletic potential.

Studies attest to the reality that comparably fit and trained male athletes have innate physiological advantages over females.[1] Team USA sprinter Allyson Felix holds the most World Championship medals in history. Yet in 2018 alone, 275 high school boys ran faster times in the 400-meter on 783 occasions.[2] Even the world’s best female Olympic athletes would lose to literally thousands of male athletes—including those who would be considered second tier in the men’s category—on any given day.[3] Testosterone suppression does not undo these physiological advantages.[4] We do not want to watch our athletic achievements be erased from the history books by individuals with all the inherent athletic advantages that come from a male body.

The NCAA’s mandate is fair competition. We urge you to reject all calls to boycott and bully Idaho for seeking to preserve fair competition for women and girls across Idaho.

Footnotes:

[1] Lundberg et al., Muscle strength, size and composition following 12 months of gender-affirming treatment in transgender individuals: retained advantage for transwomen, available at https://www.biorxiv.org/content/biorxiv/early/2019/09/26/782557.full.pdf.

[2] Doriane Lambelet Coleman, Martina Navratilova, et al. Pass the Equality Act, But Don’t Abandon Title IX, Washington Post (Apr. 29, 2019) https://www.washingtonpost.com/opinions/pass-the-equality-act-but-dont-abandon-title-ix/2019/04/29/2dae7e58-65ed-11e9-a1b6-b29b90efa879_story.html.

[3] Doriane Lambelet Coleman Oral Testimony on H.R. 5 before the U.S. House of Representatives Committee on the Judiciary April 2, 2019, available at https://docs.house.gov/meetings/JU/JU00/20190402/109200/HHRG-116-JU00-Wstate-LambeletColemanP-20190402.pdf.

[4] See, e.g. Lundberg et al., Muscle strength, size and composition following 12 months of gender-affirming treatment in transgender individuals: retained advantage for transwomen, available at https://www.biorxiv.org/content/biorxiv/early/2019/09/26/782557.full.pdf.

originally published on adflegal.org

by Sarah Kramer

Idaho Representative Barbara Ehardt watched with concern as athletic organizations both nationally and internationally began changing the rules—allowing male athletes who identify as female to compete with women and girls.

Then, she saw the news out of Connecticut.

There, two male athletes who identify as female have been permitted to compete in girls’ high school track competitions. And they are dominating. In the past three years, these two male athletes have taken more than 85 opportunities to advance to the next level of competition from female athletes. They have also won 15 championship titles that previously belonged to nine different girls.

As a former NCAA Division I basketball player and coach, Rep. Ehardt knew she had to do something.

That’s why she was the primary sponsor of the Fairness for Women in Sports Act, which Idaho Governor Brad Little signed into law on March 30. Idaho was the first state to pass legislation that protects equal opportunities for women and girls in sports.

I sat down with Rep. Ehardt to talk about the Fairness for Women in Sports Act, what it does, why it is needed, and what it means to her personally. Here’s what she had to say.

The Fairness for Women in Sports Act is commonsense legislation that protects equal opportunities for girls and women in sports. It ensures that only biological females are competing in the sports designated for girls and women. That’s it. It’s very straightforward.

Yet, there is a false narrative about what this law does. Some have tried to claim that it “bans” some athletes from competing. But that is simply not true. Under the act, every athlete is free to compete—either on the teams that match their biological sex or on teams designated as co-ed.

In general, the feedback has been positive. People overwhelmingly agree that the Fairness for Women in Sports Act is common sense—boys should not be competing against girls. Many have expressed how sad it is that this even needs to be clarified.

And it’s not just people from one side of the political aisle who think this.

It’s been fascinating and encouraging to see how this issue has united groups from a wide variety of political backgrounds—both liberals and conservatives. And that’s because we can all recognize that our distinct nature as women matters. You cannot redefine what a woman is. Women have inherent value to society because of who we are and how we were made. And we should not be diminished or brushed aside.

I played NCAA Division I basketball and went on to coach Division I basketball for 15 years.

And that experience puts me in a great position to help shed a different light on why this issue is so important. I know firsthand that women and girls cannot compete against the proven physical advantages of males.

When I was growing up, I would go down to the local rec center and play pick-up basketball with the guys. Sure, I had good days where I even scored a lot. But that wasn’t the norm. And I certainly couldn’t keep up with the male college athletes that would come play. I physically could not guard them. Instead, I would guard the older or less talented men on the court.

When I was coaching collegiately, we would recruit guys from the intramural teams to train and be the practice squad against whom our women’s team would compete. These weren’t the guys who were cut from the men’s team—half of them hadn’t even played basketball in high school. They were just guys who were good at basketball and were able to help push our team to get better. But we constantly had to remind them that they needed to hold back—that they could not play so physical, run so fast, or block every single shot that our women took. These guys were not highly trained. Still, our highly trained women could not compete.

This is not made up. Real-life experience tells me without a doubt that males have a physical advantage over females, which is why we need to protect the equal athletic opportunities of women and girls.

Title IX literally changed my life.

I was born in the 1960s, which meant that, as a woman, my opportunities were very limited. When people asked what I wanted to do when I grew up, and I responded that I wanted to play sports, I was told: “Girls don’t do that.”

I was eight years old when Title IX was passed in 1972. I didn’t understand at the time just how much that benefited my life. Because of Title IX, I was able to play basketball in junior high and high school, and I went on to earn a scholarship to play basketball in college. I then spent 15 years of my life coaching Division I basketball at four different universities.

The women who came before me helped pave the way for me to pursue my dream of playing (and coaching) sports. I have always felt a strong obligation to pave the way for those women and girls coming after me. That’s what the Fairness for Women in Sports Act is all about. I do not want to see the athletic opportunities of women and girls erased.

There is no doubt in my mind that if I had been forced to compete against males, I would not have made the team. If there had been 15 biological males trying out for the women’s team, I don’t think any of my teammates would have made the cut. And even if only one male was allowed on the team, it would have impacted playing time and even safety for the female players.

Growing up, I was driven by the desire to compete at the next level, and I spent a lot of time training to do just that. But if that opportunity—what was supposed to be a female opportunity—was taken by a male, that would have crushed me and further confirmed that which I was being told at the time: It was a “man’s” world.

Some have criticized the act saying that there is no reason for it—that this is not an issue in Idaho. But the testimony we heard on this legislation proves that isn’t true. Time and again, we heard testimony of those who either knew of or had a biological male child that wanted to play sports on female teams.

This will be an issue soon. And not just in Idaho, but in states across the country. It’s already going on next door in Montana. That’s why we needed to take action right now.

Our schools and communities are not prepared to individually handle this issue as it begins to pop up throughout the state. It would tear them apart. That is why it was incredibly important that we, as the Idaho legislature, took a stand on protecting opportunities for girls and women and clarified that boys and men don’t belong in women’s sports.

I know firsthand that girls and women cannot compete against the inherent physiological and scientifically proven advantages that boys and men possess, regardless of hormone usage. And if we do not begin to take measures to protect girls and women in sports everywhere, then we will see these opportunities and our history of achievements erased by male athletes.

Sarah worked as an investigative reporter before joining the Alliance Defending Freedom team.