EXCLUSIVE: Idaho Republican Gov. Brad Little told Fox News Digital in an exclusive interview that his state is prepared to file lawsuits if a potential Harris administration thwarts Idaho’s effort to prevent inclusion of trans in women’s sports.

“If necessary, that’s what we’ll do,” Little said when asked if his state and Attorney General Raúl R. Labrador would sue the federal government if a future Harris administration tried to block them. executive order to carry out the Law on the defense of women’s sports.

Little added that he expects a pushback against his state’s ability to enforce that law from the federal government if Vice President Kamala Harris wins. However, he expects other states to follow suit in fighting this rejection, if it comes to that.

“We’ll probably do it with some of our other governors, attorneys general and states, but we’re going to do it in Idaho, that’s undeniable,” Little said. “Some of these things have to have critical mass to have status, to be successful, but I know there are a lot of like-minded states that will do the same thing that we did here in Idaho.”

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Idaho Gov. Brad Little issued an executive order targeting illegal voting, which is rare in the state. (Darin Oswald/Idaho Statesman/Tribune News Service via Getty Images)

Harris has been mum about her stance on transgender women’s sports throughout her presidential campaign. However, she has been a supporter of several federal efforts to allow transgender inclusion in women’s sports on a national scale.

That includes the Biden-Harris administration’s rewrite of Title IX, which went into effect earlier this April, which several experts and witnesses previously told Fox News Digital would lead to an increased volume of trans athletes competing and sharing locker rooms with girls and women.

Harris has been criticized several times for her role as California attorney general to ensure that prisoners and illegal immigrants have access to taxpayer-funded transitional surgeries.

The vast majority of Harris’ Democratic allies in Congress were supportive Equality Actalso. The proposed bill would require schools to include male athletes who identify as transgender women on girls’ and women’s sports teams.

In March 2023, Democrats advocated for a transgender bill of rights, proposing a resolution “recognizing that it is the duty of the federal government to draft and implement a Transgender Bill of Rights.” The resolution specifically called for federal law to ensure that biological males can “participate in team sports and programs that best align with their gender identity; (and) use the school facilities that best align with their gender identity”.

At a recent event in Harrisburg, Pennsylvania, Republican vice presidential candidate Sen. JD Vance called out President Biden and Harris for changes to Title IX that led to the withholding of federal funding for free school lunch programs that prevent transgender inclusion in women’s sports.

Vance seemed to be referring to a May 2022 Department of Agriculture Memorandum directing State agencies and Food and Nutrition Act program operators to “expeditiously review the program’s discrimination complaint procedures and make any necessary changes to ensure that complaints alleging discrimination based on gender identity and sexual orientation are processed and assessed as sex discrimination complaints.”

However, Little said he is not aware of the issue affecting any public schools in his state. He hopes to see a victory by former President Donald Trump next week that will ensure it never affects his schools.

“I’m sure it will be litigated if we have a change in administration next week and it will be a moot point,” Little said.

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Democratic presidential nominee Vice President Kamala Harris speaks during a campaign rally on October 28, 2024 in Ann Arbor, Michigan. (Brandon Bell/Getty Images)

Trump advocated for a complete ban on trans inclusion in girls’ and women’s sports in the weeks leading up to the election.

Little said she would support a nationwide ban on all trans women’s sports in the event of a Trump presidency.

Idaho is one of 23 states that have laws in place to restrict or prevent transgender inclusion in women’s sports. However, even some of the states with those laws have had incidents where trans inclusion in a girls’ sport has been enabled by a federal judge’s ruling.

Judges Landya McCafferty of New Hampshire and M. Hannah Lauck of Virginia, both appointed during the Obama administration, each issued rulings this year that allowed biological males to play on high school girls’ soccer and tennis teams. McCafferty passed a rule that allowed two trans athletes to compete on girls’ high school soccer teams in New Hampshire, while Lauck ruled that an 11-year-old trans tennis player was allowed to compete against same-age girls in Virginia.

Little admits he is concerned about similar rulings affecting schools in his state, particularly from California judges. Idaho sits on the United States Court of Appeals for the Ninth Circuit, which is shared with California, Oregon and Washington.

“You always worry about that,” Little said. “We’re in the Ninth Circuit, Idaho, which, there’s a lot of California judges, but this is a problem that we’re running into on all kinds of fronts.”

Court intervention in a situation involving a trans athlete playing a women’s sport in his home state is possible later in November, when the Boise State University women’s volleyball team is set to host San Jose State. Boise State lost a game against San Jose State that was scheduled to take place in California earlier this year. That loss came amid an ongoing national controversy over a transgender player on the team and another player involved in a lawsuit against the NCAA claiming he was never told the trans athlete’s birth gender despite that he shares a team locker room and bedroom with that player.

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Little previously praised Boise State for the decision. However, the two teams are scheduled to play again at the Boise State campus in Idaho on Nov. 21, and Boise State has not yet announced whether or not that game will be played.

Given that the Women in Sports on Defense Act was signed into law in Idaho, and if the trans athlete is still on San Jose State’s roster by the time the game comes around, playing that game would be a violation of state law.

Little said a judge and prosecutor would likely determine the repercussions of that game if it is played, but Boise State is expected to lose time if the trans athlete is still on the team.

“That’s going to be something for a prosecutor and a judge to determine, I have a pretty good level of confidence that it’s not going to happen against Boise State female athletes, it’s just not going to happen here,” Little said.

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