Letter from Five Attorneys General to Gov. Little Asking for Veto of HB 500

Former Attorneys General Tony Park, Wayne Kidwell, David Leroy, Jim Jones, and Al Lance write a letter to Idaho Governor Brad Little, asking him to veto House Bill 500 based on constitutional violations.

March 17, 2020

Hon. Brad Little
Governor of Idaho
Statehouse
Boise, Idaho 83720

Re: House Bill 500

Dear Governor Little:

We write to urge that you give great weight to the advice of our successor, incumbent Idaho Attorney General Lawrence Wasden, regarding House Bill 500. The Attorney General has opined that the legislation contains a number of legal infirmities, making it subject to invalidation in federal court proceedings. The more serious concern is apparent conflict with the Equal Protection Clause of the Fourteenth Amendment to the U.S. Constitution, but other provisions of federal law are implicated.

As you know, the Attorney General is a constitutional officer, charged with providing legal advice to officers and entities of state government. It is not always a comfortable position to occupy, particularly where politically-charged issues are involved. Transgender issues certainly fit into that category. Regardless of how an Attorney General may personally feel about an issue, it is his or her responsibility to observe our sacrosanct regard for the rule of law and give sound legal advice based on the law, as interpreted by the courts.

The Attorney General has raised serious concerns about the legal viability and timing of this legislation, which will have a difficult time withstanding a court challenge. Our State has been in this position a number of times during our respective tenures as Attorney General and rather more so during the incumbent’s tenure. He has frequently cautioned against passage of legally suspect legislation and has a good record of being correct. He has urged awaiting the outcome of currently pending federal cases relating to this issue. Disregarding his sound advice has been costly for our State. It could well be with regard to House Bill 500.

We urge that you exercise your veto on House Bill 500 to keep a legally infirm statute off of the books and to save the State from having to pay out substantial legal fees to those who take it to court. The Attorney General has provided sound advice and fair warning. Please heed it.

Tony Park (1971-1975)
Wayne Kidwell (1975-1979)
David Leroy (1979-1983)
Jim Jones (1983-1991)
Al Lance (1995-2003)

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Earlier this year, the Idaho Legislature passed a bill that bans women and girls who are transgender from school and college sports. The law also forces all girls and women who participate in school athletics to endure invasive testing to prove their sex if anyone disputes their gender. The bill was known as House Bill 500, or HB 500 for short. The Governor signed the bill and on July 1, 2020, it became an Idaho law.What is the lawsuit about?The law makes Idaho the only state to completely bar all women and girls who are transgender from sports. We sued because trans people belong everywhere, including in schools and on sports teams. The lawsuit asks the court to strike down the new law.What is the hearing on July 22 about?The hearing is for the lawyers in the case to make arguments to the judge about HB 500. There are three big topics they will argue about:Will the judge #LetLindsayRun? The judge has to decide whether to stop HB 500 from taking effect during the coming school year. The judge can do that by issuing an order called a “preliminary injunction.” That order would stop the government from enforcing HB 500 for now. If the court issues an injunction, Lindsay Hecox can try out for Boise State’s cross-country team next month.Should the court dismiss the case? State officials have all asked