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Hecox v. Little

Description:  The American Civil Liberties Union is challenging Idaho’s Fairness in Women's Sports Act to force female athletes to compete against biological males who identify as female.


Friday, Sep 1, 2023

The following quote may be attributed to Alliance Defending Freedom Senior Counsel and Vice President of Appellate Advocacy John Bursch regarding a petition ADF attorneys filed Thursday with the U.S. Court of Appeals for the 9th Circuit in Hecox v. Little on behalf of two Idaho female college athletes who are asking the full court to uphold their state’s Fairness in Women’s Sports Act after a three-judge panel ruled against it:

“Madison Kenyon and Mary Kate Marshall know from personal experience how demoralizing and defeating it is to train your hardest and best, only to be forced to compete against a male—and be pushed down in the rankings. Women like these two all-star collegiate athletes, and a dozen others we represent across the country, deserve to compete on a level playing field with other women. This isn’t political or partisan—it’s basic fairness and common sense. We hope the full court will agree to hear the stories of these brave women fighting for the future of women’s sports and restore their ability to compete and win.”

Alliance Defending Freedom is an alliance-building, non-profit legal organization committed to protecting religious freedom, free speech, parental rights, and the sanctity of life.

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ABOUT John Bursch

John Bursch is senior counsel and vice president of appellate advocacy with Alliance Defending Freedom. Bursch has argued 12 U.S. Supreme Court cases and more than 30 state supreme court cases since 2011, and a recent study concluded that among all frequent Supreme Court advocates who did not work for the federal government, he had the 3rd highest success rate for persuading justices to adopt his legal position. Bursch served as solicitor general for the state of Michigan from 2011-2013. He has argued multiple Michigan Supreme Court cases in eight of the last ten terms and has successfully litigated hundreds of matters nationwide, including six with at least $1 billion at stake. As part of his private firm, Bursch Law PLLC, he has represented Fortune 500 companies, foreign and domestic governments, top public officials, and industry associations in high-profile cases, primarily on appeal. He received his J.D. magna cum laude in 1997 from the University of Minnesota Law School and is admitted to practice in numerous federal district and appellate courts, including the U.S. Supreme Court.

ABOUT Christiana Kiefer

Christiana Kiefer serves as senior counsel for Alliance Defending Freedom, where she is a key member of the Center for Conscience Initiatives. Since joining ADF in 2012, Kiefer has worked to protect women's and girls' sports and has defended the bodily privacy rights of students. She has also worked to protect the constitutionally protected freedom of churches, Christian schools, and Christian ministries to exercise their faith without government interference. Kiefer earned her J.D. in 2010 from Oak Brook College of Law and Government Policy, where she graduated first in her class and served as a teaching assistant in criminal law. Also in 2010, Kiefer completed the ADF leadership development program to become a Blackstone Fellow. She is admitted to the state bar of California, the U.S. Supreme Court, and numerous federal district and appellate courts.