In the spring of 2020, the Idaho legislature passed a bill that effectively precludes transgender girls and women (from kindergarten through college) from joining female athletic teams. Idaho Governor Bradley Little signed the Fairness in Women’s Sports Act into law in late March 2020.1
The law’s title suggests that it should be understood as an effort to ex-pand “fairness.” The presumptive beneficiaries are cisgender (i.e., nontransgender) girls and women on school athletic teams who, the law suggests, should not have to compete against transgender girls and women.
Protecting fairness for cis-gender females cannot, however, serve as a pretext for excluding transgender athletes from sports teams, especially if fair accom-modations can be crafted.