BOISE, Idaho — An Idaho law, passed in April 2023, preventing doctors from providing gender-affirming treatments or care to minors will remain blocked until after a lawsuit opposing its enactment has concluded.
The Ninth Circuit Court of Appeals on Tuesday decided to uphold an injunction filed in December that delays House Bill 71, known as "The Vulnerable Child Protective Act," from going into effect until a lawsuit filed in June 2023 by allies of transgender care for minors is settled.
The law was intended to go into effect Jan. 1, 2024.
HB 71 bans medical providers from giving puberty blockers, hormone therapy, and certain surgeries to transgender-identifying Idahoans under the age of 18 if the intended use of said treatments is to affirm the individual's gender.
If violated, medical providers could face a felony conviction and up to 10 years in prison.
In response to the April 2023 passing of the law, a lawsuit was filed in June claiming that HB 71 violated the rights of transgender youth in Idaho under the U.S. Constitution.
The American Civil Liberties Union (ACLU) said Tuesday that the appeals court decision was a "victory for families and transgender youth."
Legal Battle over House Bill 71
The bill was signed into law by Idaho Gov. Brad Little in April 2023.
Since then, opposing parties have gone back-and-forth with various court filings to hold, delay or impose a "stay" on the law, preventing it from being fully enacted on its originally intended date.
The HB 71 lawsuit was filed on June 1, 2023, by lawyers representing the American Civil Liberties Union, Wrest Collective and other groups on behalf of Idaho parents with transgender children who receive gender-affirming care.
On Dec. 26, U.S. District Judge Lynn Winmill decided to impose a preliminary injunction on the law due to the pending lawsuit, putting it on hold while the legal process played out in court.
A federal judge decided to uphold the block on Jan. 16.
Following the decision, Idaho Attorney General Raúl Labrador filed a motion asking the court to lift the injunction on the law while he appeals the decision.
Winmill denied the motion, writing in his decision that he thinks the law banning gender-affirming care for minors is unconstitutional.
“I’ve witnessed the devastating consequences of drugs and procedures used on children with gender dysphoria," Labrador said in response via email. "And it’s a preventable tragedy."
The latest development on Tuesday by the Ninth Circuit Court of Appeals essentially reinforces all prior decisions to prevent or delay HB 71 from going into effect.
"This ruling should be celebrated by everyone who decries discrimination," said Paul Carlos Southwick, ACLU of Idaho Legal Director. "We celebrate alongside transgender youth and their families throughout Idaho who will continue to have access to the health care they need and deserve."
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