The Idaho House has passed legislation preventing transgender women from participating in sports that align with their gender identity, despite questions about the measure’s constitutionality. The Republican-led House on Wednesday voted 52-17-1 in sending to the Senate the bill by Republican Representative Barbara Ehardt that applies to all sports teams sponsored by public schools, colleges, and universities. A girls’ or women’s team would not be open to a student who was born male, even if they identify as female. The legislation would also require female athletes to undergo DNA analysis and an invasive internal and external examination of reproductive organs in order to participate in high school sports. Prior to the House vote, the Idaho Attorney General’s Office found the bill may run afoul of the Equal Protection Clause of the 14th Amendment. In a letter to Democratic Representative Ilana Rubel, Assistant Chief Deputy AG Bill Kane said courts have found that governmental actions distinguishing between transgender and non-transgender individuals are a type of sex-based discrimination. Also, the provision regarding how a student’s sex may be established is likely vulnerable to court challenge, as it’s unclear whether the State’s interests in ensuring fair competition justify the intrusion of privacy. Kane added regulating NCAA and other national sports associations’ activities raises a potential Constitutional concern under the Commerce Clause. (Idaho Democratic Caucus, Idaho Attorney General’s Office, AP)
