Tuesday, January 30, 2024

Appeals court won't remove injunction against Idaho ban on gender-affirming care

The 9th Circuit Court of Appeals has given a major victory to trans kids in Idaho. 

From The Idaho Statesman

A federal appeals court has allowed gender-affirming health care for transgender children to continue while a lawsuit against Idaho’s ban on hormone treatments makes its way through court. Two transgender minors and their parents sued the state less than two months after Gov. Brad Little signed House Bill 71 into law, making it a felony for medical providers to prescribe treatments like puberty blockers and hormone therapy to children. 

The parents argued that the law was unconstitutional. U.S. District Judge B. Lynn Winmill issued a preliminary injunction against the law in December, days before the state’s ban was scheduled to go into effect. Idaho Attorney General Raúl Labrador appealed the case to the 9th Circuit Court of Appeals this month and asked the appeals court to stop Winmill’s preliminary injunction. Three appeals court judges denied that request Tuesday.

 “This ruling should be celebrated by everyone who decries discrimination,” Paul Carlos Southwick, the ACLU of Idaho’s legal director, said in an emailed statement. The organization represents the transgender minors, along with other attorneys. “We celebrate alongside transgender youth and their families throughout Idaho who will continue to have access to the health care they need and deserve.” 

In terms of anti-trans measures, this would make Idaho 0-2 thus far. Last year, the same court refused to let the state enforce a ban on trans female athletes.