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Home Hot Topic Judge temporarily blocks Idaho law on gender affirming care for transgendered youth

Judge temporarily blocks Idaho law on gender affirming care for transgendered youth

by Celia

A federal judge on Tuesday issued a temporary block on a contentious Idaho law, House Bill 71, which sought to restrict gender-affirming care for transgender youth. The legislation, signed into law by Governor Brad Little in April and scheduled to take effect on January 1, aimed to penalize Idaho doctors prescribing puberty blockers, hormones, or similar treatments to transgender youth with up to 10 years in prison.

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The families of two transgender teenagers receiving gender-affirming care took legal action against the state of Idaho, filing a lawsuit known as Poe v. Labrador. They argued that House Bill 71 violated the 14th Amendment’s guarantee of equal protection under the law. In a significant development, Federal Judge B. Lynn Winmill granted the families’ request for a preliminary injunction, thereby preventing the law from being enforced until the lawsuit is resolved.

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Attorney General Raúl Labrador, Ada County Prosecutor Jan Bennetts, and members of the Idaho Code Commission were named in the lawsuit. However, Judge Winmill dismissed the members of the code commission from the legal proceedings.

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Labrador expressed his intention to appeal the decision in an emailed statement.

Judge Winmill, in his decision, emphasized that the plaintiffs’ claims had a “strong likelihood” of prevailing in court and that House Bill 71 likely violated the 14th Amendment. He stated, “Time and again, these cases illustrate that the 14th Amendment’s primary role is to protect disfavored minorities and preserve our fundamental rights from legislative overreach.”

Responding to potential criticism, Judge Winmill defended his decision, stating that his role in the judiciary aligns with the principles of a constitutional democracy. He emphasized that the 14th Amendment was designed to prevent state legislatures from passing laws that deny equal protection or infringe upon fundamental rights.

The lawsuit, brought forth by the American Civil Liberties Union (ACLU), the ACLU of Idaho, Wrest Collective, Paul, Weiss, Rifkind, Wharton & Garrison LLP, Groombridge, Wu, Baughman & Stone LLP, and two Idaho families, marks a significant victory. Leo Morales, executive director of the ACLU of Idaho, called the decision a “ray of hope” for transgender youth in the state amid ongoing challenges to their rights to healthcare and navigating the world in their authentic identity.

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