Attorney General Ken Paxton joined a 14-state coalition urging the San Francisco-based United States Court of Appeals for the Ninth Circuit to overturn a lower court decision and support Idaho’s Fairness in Women’s Sports Act. The Act draws a straightforward distinction based on biological sex by prohibiting biological males from participating in women’s sports.   

“Consistent with the Equal Protection Clause, Idaho rightfully took steps to ensure that biologically female athletes compete on an equal playing field and are afforded equal opportunities to advance their talents and capacities,” said Attorney General Paxton. “Men and women are inherently equal under the law. But, despite some unprecedented and unscientific claims to the contrary, biological and physiological differences between them are real. The Constitution allows state legislatures to make legal distinctions based on those differences.”  

Read a copy of the amicus brief here