In a federal court hearing on Monday, arguments were presented regarding whether three transgender women in Idaho prisons should continue receiving their hormone therapy despite the enactment of House Bill 668, which bars state facilities from providing gender-affirming care.
The lawsuit, Roe v. Labrador, was initiated by the ACLU of Idaho on behalf of the transgender inmates, claiming that the termination of their prescribed hormone therapy violates the Eighth Amendment of the U.S. Constitution, which forbids cruel and unusual punishment.
House Bill 668, passed earlier this year, aims to restrict the use of state funds and facilities for gender-affirming care in prisons. The Idaho Department of Correction had planned to halt such services starting July 1. However, Federal Judge David Nye issued a temporary restraining order earlier this month, applicable only to the plaintiffs named in the lawsuit. This order remains effective until a decision is made regarding a preliminary injunction that would allow the plaintiffs to continue their hormone therapy for the duration of the lawsuit.
Paul Carlos Southwick, representing the ACLU of Idaho, requested Judge Nye to issue a preliminary injunction and also sought to expand the lawsuit to a class action, which would represent all similarly affected inmates. Southwick noted that many incarcerated individuals have reached out to the ACLU for assistance concerning House Bill 668.
James Simeri, representing the state of Idaho, opposed the requests for halting the law and argued that the ACLU lacked sufficient evidence to support a class action lawsuit. “The state of Idaho mandates the standard of care,” Simeri asserted.
Judge Nye expressed his inclination to deny the motion for class action, citing insufficient evidence of a significant number of inmates affected by the law. He indicated that for more inmates to receive protections under the current legal action, the ACLU of Idaho would need to provide the names of all impacted individuals.
The first hearing for Roe v. Labrador concluded without a definitive ruling on the preliminary injunction, which Judge Nye will decide at a later date. The next court session is scheduled for 10 a.m. Mountain time on August 2 via Zoom.