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US Supreme Court rules Idaho to enforce gender care ban

House Bill 71 signed in 2023

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U.S. Supreme Court (Washington Blade photo by Michael Key)

BY MIA MALDONADO | The U.S. Supreme Court has allowed Idaho to enforce House Bill 71, a law banning Idaho youth from receiving gender-affirming care medications and surgeries.

In an opinion issued Monday, the U.S. Supreme Court granted the state of Idaho’s request to stay the preliminary injunction, which blocked the law from taking effect. This means the preliminary injunction now only applies to the plaintiffs involved in Poe v. Labrador ā€” a lawsuit brought on by the families of two transgender teens in Idaho who seek gender-affirming care. 

Monday’s Supreme Court decision enforces the gender-affirming care ban for all other trans youth in Idaho as the lawsuitĀ remains ongoing in the Ninth Circuit Court of Appeals.

Idaho Attorney General RaĆŗl Labrador
Idaho Attorney General RaĆŗl Labrador gives a speech at the Idaho GOP election night watch party at the Grove Hotel in Boise, Idaho, on Nov. 8, 2022. (Otto Kitsinger for Idaho Capital Sun)

The American Civil Liberties Union and the ACLU of Idaho, both of whom represent the plaintiffs, said in a press release Monday that the ruling ā€œdoes not touch upon the constitutionalityā€ of HB 71. The groups called Monday’s ruling an ā€œawful resultā€ for trans Idaho youth and their families.

ā€œToday’s ruling allows the state to shut down the care that thousands of families rely on while sowing further confusion and disruption,ā€ the organizations said in the press release. ā€œNonetheless, today’s result only leaves us all the more determined to defeat this law in the courts entirely, making Idaho a safer state to raise every family.ā€

Idaho Attorney General RaĆŗl Labrador in a press release said the state has a duty to protect and support all children, and that he is proud of the state’s legal stance. 

ā€œThose suffering from gender dysphoria deserve love, support and medical care rooted in biological reality,ā€ Labrador said. ā€œDenying the basic truth that boys and girls are biologically different hurts our kids. No one has the right to harm children, and I’m grateful that we, as the state, have the power — and duty — to protect them.ā€

Recap of Idaho’s HB 71, and what led to SCOTUS opinion

Monday’s Supreme Court decision traces back to when HB 71 was signed into law in April 2023.

The law makes it a felony punishable for up to 10 years for doctors to provide surgeries, puberty-blockers and hormones to trans people under the age of 18. However, gender-affirming surgeries are not and were not performed among Idaho adults or youth before the bill was signed into law, the Idaho Capital Sun previously reported

One month afterĀ it was signed into law, the families of two trans teens sued the state in a lawsuit alleging the bill violates the 14th Amendment’s guarantee of equal protection under the law.

In late December, just days before the law was set to take effect in the new year, U.S. District Judge B. Lynn Winmill blocked the law from taking effect under a preliminary injunction. In his decision, he said he found the families likely to succeed in their challenge.

The state of Idaho responded by appealing the district court’s preliminary injunction decision to the Ninth Circuit, to which the Ninth Circuit denied. The state of Idaho argued the court should at least enforce the ban for everyone except for the plaintiffs. 

After the Ninth Circuit’s denial, the Idaho Attorney General’s Office in February sent an emergency motion to the U.S. Supreme Court, the Idaho Press reported. Monday’s U.S. Supreme Court decision agrees with the state’s request to enforce its ban on trans health care for minors, except for the two plaintiffs.

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Mia Maldonado

Mia Maldonado joined the Idaho Capital Sun after working as a breaking news reporter at the Idaho Statesman covering stories related to crime, education, growth and politics. She previously interned at the Idaho Capital Sun through the Voces Internship of Idaho, an equity-driven program for young Latinos to work in Idaho news. Born and raised in Coeur d’Alene, Mia moved to the Treasure Valley for college where she graduated from the College of Idaho with a bachelor’s degree in Spanish and international political economy.

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The preceding piece was previously published by the Idaho Capital Sun and is republished with permission.

The Idaho Capital Sun is the Gem State’s newest nonprofit news organization delivering accountability journalism on state politics, health care, tax policy, the environment and more.

We’re part of States Newsroom, the nation’s largest state-focused nonprofit news organization.

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U.S. Supreme Court

Supreme Court to hear conversion therapy case in October

Harmful and discredited practice is banned in 23 states and D.C.

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The Supreme Court as composed June 30, 2022 to present. Front row, left to right: Associate Justice Sonia Sotomayor, Associate Justice Clarence Thomas, Chief Justice John G. Roberts, Jr., Associate Justice Samuel A. Alito, Jr., and Associate Justice Elena Kagan. Back row, left to right: Associate Justice Amy Coney Barrett, Associate Justice Neil M. Gorsuch, Associate Justice Brett M. Kavanaugh, and Associate Justice Ketanji Brown Jackson. (Photo Credit: Fred Schilling, The Supreme Court of the U.S.)

The U.S. Supreme Court on Monday agreed to hear a case about whether state and local governments can enforce bans on anti-LGBTQ conversion therapy for children, a discredited and harmful practice that has been banned by 23 states and D.C.

The case, which will be argued in the new term that begins in October, began in Colorado Springs, Colorado where a licensed professional counselor filed a challenge to a ban in 2022, arguing the law interferes with her ability to treat patients with ā€œsame-sex attractions or gender identity confusionā€ who ā€œprioritize their faith above their feelings.ā€ 

The Supreme Court in 2023 declined to hear a challenge to conversion therapy bans out of Washington state, but conservative justices Clarence Thomas, Samuel Alito, and Brett Kavanaugh voted in favor of taking up the case.

The Colorado therapist, Kaley Chiles, is represented by the Alliance Defending Freedom, which is described by the Southern Poverty Law Center as “a legal advocacy and training group that has supported the recriminalization of sexual acts between consenting LGBTQ adults in the U.S. and criminalization abroad; has defended state-sanctioned sterilization of trans people abroad; has contended that LGBTQ people are more likely to engage in pedophilia; and claims that a ā€œhomosexual agendaā€ will destroy Christianity and society.”

The U.S. District Court for the District of Colorado struck down Chiles’s lawsuit in 2022. Her case was appealed to the Supreme Court from the U.S. Court of Appeals for the 10th Circuit, which upheld the ban in 2023 on the grounds that it regulates professional conduct, not speech.

Human Rights Campaign President Kelley Robinson released the following statement on Monday:

ā€œThe Supreme Court’s decision to take up this case isn’t just about so-called ‘conversion therapy’ – it’s about whether extremists can use our courts to push their dangerous agenda, in an effort to erase LGBTQ+ people and gut protections that keep our kids safe. There’s no debate: so-called ā€˜conversion therapy’ is a dangerous practice, not therapy, and it has no place in our communities. These bans exist to protect LGBTQ+ children from harm—period.

Attacks on LGBTQ+ rights are the entry point to attacks on all of our rights. The same people trying to legalize abuse under the guise of ā€˜therapy’ are the ones banning books, ripping away reproductive rights, and undermining our democracy. The Supreme Court must uphold the 10th Circuit decision finding that these laws are constitutional.ā€

HRC added, “So-called ‘conversion therapy,’ sometimes known as ‘reparative therapy,’ is a range of dangerous and discredited practices that falsely claim to change a person’s sexual orientation or gender identity or expression.”

The group continued, “Such practices have been rejected by every mainstream medical and mental health organization for decades, but due to continuing discrimination and societal bias against LGBTQ+ people, some practitioners continue to conduct conversion therapy. Minors are especially vulnerable, and conversion therapy can lead to depression, anxiety, drug use, homelessness, and suicide.”

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Supreme Court will not hear challenge to Tenn. drag restrictions

Republican lawmakers limited access to “adult entertainment” in 2023

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The Supreme Court as composed June 30, 2022 to present. Front row, left to right: Associate Justice Sonia Sotomayor, Associate Justice Clarence Thomas, Chief Justice John G. Roberts, Jr., Associate Justice Samuel A. Alito, Jr., and Associate Justice Elena Kagan. Back row, left to right: Associate Justice Amy Coney Barrett, Associate Justice Neil M. Gorsuch, Associate Justice Brett M. Kavanaugh, and Associate Justice Ketanji Brown Jackson. (Photo Credit: Fred Schilling, The Supreme Court of the U.S.)

The U.S. Supreme Court on Monday declined to hear a case challenging Tennessee’s law restricting drag performances, which was enacted by Republican state lawmakers in 2023.

The Tennessee Adult Entertainment Act forbids ā€œadult-oriented performancesā€ that take place in public or where they may be seen by minors. Legislators specified the legislation was meant to target drag shows.

A judge on the U.S. District Court for the Western District of Tennessee ruled that the law was ā€œunconstitutionally vague and substantially overbroad,” allowing drag performances to continue in parts of the state. The 6th U.S. Circuit Court of AppealsĀ reversed the decision in July, however, ruling that the theater company that filed the complaint lacked standing to sue.

President Donald Trump said that his decision to name himself chair of the Kennedy Center shortly into his second term came at least partially in response to the iconic performing arts center’s history of hosting drag shows, which he called ā€œanti-American propaganda.ā€

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U.S. Supreme Court

Supreme Court to consider case against Montgomery County Public Schools

Plaintiffs challenging LGBTQ-specific curriculum policy

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U.S. Supreme Court (Washington Blade photo by Michael Key)

The U.S. Supreme Court on Jan. 17 announced it will consider the case of a group of Montgomery County parents who are challenging a policy that does not allow them to “opt out” their children from classes in which lessons or books on LGBTQ-related topics are taught.

The parents in a federal lawsuit they filed in May 2023 allege the Montgomery County Public Schools policy violates their religious beliefs.

A federal judge in Maryland on Aug. 24, 2023, ruled against the parents. The 4th U.S. Circuit Court of Appeals upheld the ruling.

“Under the 4th Circuit’s reasoning, parents cannot be heard until after the damage has been done to their children,” reads the Supreme Court filing that CBS News obtained. “But there is no unringing that bell — by then, innocence will be lost and beliefs undermined.”

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