Idaho judge temporarily blocks ban on gender transition care for minors

Background

The law, House Bill 71, specifically bans gender transition surgery, puberty blockers and hormone therapy for people under 18 with gender dysphoria. It also makes it a crime for medical professionals to provide the care, punishable by up to 10 years in prison.

Idaho’s Republican-controlled Legislature passed the bill, known as the Vulnerable Child Protective Act, in February, and Governor Brad Little, also a Republican, signed it into law in April. The ban would come into effect on January 1, 2024.

Mr Little said the ban was aimed at ‘protecting children’. But major medical organizations, including the American Academy of Pediatricshave spoken out in support of gender transition care, saying bans pose serious mental health risks for 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, claiming it was unconstitutional and harmful to the well-being of transgender minors.

“Where the adolescent patient, their parents, and their physician all agree that gender-affirming medical care is medically necessary, the law deprives families of the opportunity to access such care,” the bill says. complaint said.

“It has been a long journey to be able to live my life as my true self, and my medical care has been an important part of that journey,” said one plaintiff, a 16-year-old transgender girl listed in the case as Jane Doe . said in a statement.

On December 27, Judge B. Lynn Winmill, who was appointed by President Bill Clinton in 1995, issued a preliminary injunction, saying in the ruling that the plaintiffs had “demonstrated a strong likelihood of success based on the merits of their claims .”

Why it matters

Idaho’s legislation 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 youth.

Lawsuits have been filed in more than half of the states that have implemented such bans. Many judges have ruled in recent months in favor of plaintiffs seeking to temporarily block these bans while challenges to them continue. But rulings from appeals courts in Georgia, Alabama, Kentucky and Tennessee have overturned these decisions, creating even more uncertainty for transgender minors and their families. In November, plaintiffs in the Tennessee ban case became the first to ask the Supreme Court to rule 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 the Vulnerable Child Protection Act was signed, the governor signed a separate bill affecting transgender minors, known as Senate Bill 1100. This law prohibited transgender students from using public restrooms that did not correspond 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 toilet ban came into effect on July 1

Augusta judge issued a temporary restraining order, suspending enforcement of the law until the court decides whether to issue a preliminary injunction.

What’s next

For now, transgender minors in Idaho will still be able to receive gender transition care as the challenge to the constitutionality of the state ban continues to move through the legal system.

Adeel Hassan reporting contributed.