Supreme Court Allows Partial Enforcement of Idaho's Ban on Gender-Affirming Care for Transgender Teens

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ICARO Media Group
Politics
15/04/2024 22h57

In a divided ruling, the Supreme Court granted Idaho the ability to partially enforce a law that bans gender-affirming health care for transgender teenagers. The court's decision allows the law, which was enacted last year, to be enforced throughout the state, but it cannot be applied to the two plaintiffs who challenged it.

The law, known as the Vulnerable Child Protection Act, prohibits transgender minors from accessing "generally accepted medical treatment," including puberty blockers, hormone therapy, and surgeries. Last December, U.S. District Court Judge Lynn Winmill issued an injunction, blocking the state from enforcing the law while litigation was ongoing. Idaho officials then appealed to the San Francisco-based 9th U.S. Circuit Court of Appeals, which has yet to issue a ruling.

Conservative Justice Neil Gorsuch, in an opinion explaining his vote, argued that the lower court had gone too far by placing the entire law on hold. He pointed out that certain provisions, such as the one prohibiting surgeries, were blocked, despite no party seeking access to such procedures.

However, the court's three liberal justices objected to the decision, arguing that the law should have remained blocked in its entirety. Liberal Justice Ketanji Brown Jackson expressed concern that the court was micromanaging the lower courts and failing to exercise restraint.

The two plaintiffs, identified as Pam Poe and Jane Doe, argue that the law violates the Constitution's 14th Amendment by discriminating based on sex. Both teenagers have been prescribed puberty blockers and hormone therapy, claiming that medical treatment has significantly improved their mental health.

The American Civil Liberties Union (ACLU), which represents the plaintiffs, released a statement criticizing the Supreme Court's decision, calling it an "awful result for transgender youth and their families across the state." They expressed concern that the decision allows the state to disrupt and shut down necessary gender-affirming care, affecting thousands of families.

Idaho Attorney General Raul Labrador, a Republican, defended the law, stating that the state has a duty to protect children from "life-altering drugs and procedures." He emphasized the importance of providing love, support, and medical care based on biological reality for minors diagnosed with gender dysphoria.

According to the Movement Advancement Project, over 20 states have enacted similar bans on gender-affirming care. It is anticipated that the Supreme Court will address the broader legal question surrounding these bans as challenges continue to make their way through the court system. Notably, appeals regarding similar laws in Tennessee and Kentucky will be under consideration by the justices in the coming weeks.

The views expressed in this article do not reflect the opinion of ICARO, or any of its affiliates.

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