Background
The law, House Bill 71, specifically bans gender reassignment surgeries, puberty blockers and hormone therapy for those under 18 with gender dysphoria. It also makes it a felony for medical professionals to provide care, punishable by up to 10 years in prison.
Idaho’s Republican-controlled Legislature passed the bill, also known as the Vulnerable Child Protective Act, in February, and Gov. Brad Little, also a Republican, into law in April. The ban is set to take effect on January 1, 2024.
said Mr. Little did the ban seek to “protect children.” But major medical organizations, including American Academy of Pediatricshas come out in support of transgender care, saying the bans pose serious mental health risks to young people.
In May, two Idaho families, along with the American Civil Liberties Union and other organizations, filed a lawsuit to block the ban from taking effect, saying it is unconstitutional and harmful to the welfare of transgender minors.
“Where the adolescent patient, their parents and their doctor agree that gender-affirming medical care is medically necessary, the law deprives families of the ability to access such care,” The the complaint said.
“Becoming my true self has been a long journey, and my medical care has been an important part of that journey,” one plaintiff, a 16-year-old transgender girl listed as Jane Doe in the lawsuit, said. in a statement.
On December 27, Judge B. Lynn Winmill, appointed by President Bill Clinton in 1995, issued the preliminary injunction, saying in the ruling that the plaintiffs “have demonstrated a strong likelihood of success on the merits of their claims.” claim.”
Why It Matters
Idaho’s law is part of a national wave of laws aimed at restricting the rights of transgender minors. So far this year, at least 20 states, all of which have Republican-controlled legislatures, have passed bans or restrictions on gender transition care for minors.
In more than half of the states that have passed such bans, court challenges have been filed. Several judges in recent months have ruled in favor of plaintiffs seeking to temporarily block these bans while challenges to them continue. But appeals court rulings in Georgia, Alabama, Kentucky and Tennessee overturned those rulings, creating more uncertainty for transgender minors and their families. In November, plaintiffs in the case against Tennessee’s ban became the first to ask the Supreme Court to weigh in on the issue.
In Idaho, the Vulnerable Child Protective Act is not the only law restricting the rights of transgender youth that is currently the subject of legal battles.
Days before signing the Vulnerable Child Protective Act, the governor signed a separate bill affecting transgender minors, known as Senate Bill 1100. This law prohibits transgender students from using public restrooms who did not conform to their gender assigned at birth and allowed students to take legal action against schools if they encountered a transgender student who did not follow the rule.
The bathroom ban went into effect on July 1, and on Augusta judge issued a temporary restraining order, halting enforcement of the law until a court decides whether to grant a preliminary injunction.
what next
For now, transgender minors in Idaho can still receive gender transition care as the challenge to the constitutionality of the state ban continues to move through the legal system.
Adeel Hassan contributed reporting.
