Sally Reed
The Supreme Court has reportedly allowed Idaho to enforce its ban that targets gender-affirming care for transgender youth as lawsuits proceed. This historic decision will reverse decisions made by lower courts.
Physicians Could Face 10-Year Prison Sentence For Gender-Affirming Healthcare
The order placed by the Supreme Court justices on Monday made it clear that physicians could potentially face lengthy prison sentences for practicing gender-affirming care on minors. One report confirms that a physician could potentially face a maximum 10-year prison sentence.
This ban would include the use of puberty blockers, hormones or any other gender-affirming prescriptions or treatment protocol. The law enforced by the Supreme Court’s decision was originally created in 2023.
Decision Does Not Apply To Two Transgender Teenage Plaintiffs In The Case
The decision reportedly does not apply to the two transgender teenage plaintiffs featured in the case. Therefore, it will not affect the gender-affirming care that they are currently receiving.
Justice Neil Gorsuch confirmed that in an opinion that he co-wrote with Justices Samuel Alito and Clarence Thomas. Gorsuch wrote that “the plaintiffs face no harm from the partial stay the State requests.” However, this ruling and the overall ban would block the expansive portions of the decision made by the Supreme.
American Civil Liberties Union, ACLU Of Idaho Denounced Supreme Court’s Order
The ACLU of Idaho and American Civil Liberties Union denounced the order enforced by the Supreme Court in a joint statement. The groups acknowledged that the court’s ruling “does not touch upon the constitutionality of this law.”
However, they also stated that it was still “an awful result for transgender youth and their families across the state.” According to the groups, the ruling “allows the state to shut down the care that thousands of families rely on while sowing further confusion and disruption.”
Justice Jackson Would Have Preferred To Let Case Proceed ‘Unfettered’
Justice Ketanji Brown Jackson wrote that it would have been much better for the case to proceed “unfettered” by the intervention of the Supreme Court. One report indicates that the court’s three liberal justices would have allowed the law to remain on hold.
Jackson argued that this was a clear sign of the Supreme Court failing to exercise “respect for lower court judges.” She also believed that Idaho was not able to prove that blocking the ban would cause “irreversible injury” to the state during the appeal.
Jackson: ‘We Do Not Have To Address Every High-Profile Case…In Lower Courts’
Jackson also wrote that the Supreme Court does not “have to address every high-profile case percolating in lower courts.” She added that “there are usually many good reasons not to do so.”
According to Jackson, “few applicants can meet our threshold requirement of ‘an exceptional need for immediate relief.'” This reportedly would be shown by proving that they would suffer an “irreversible injury” instead of just suffering “substantial harm.”
Jackson: Idaho Already Conceded That New Law Was ‘Likely Unconstitutional’
Jackson further argued that Idaho had already conceded previously that the new law in question was “likely unconstitutional.” According to Jackson, that was “at least as applied to the plaintiffs.”
The decision made by the Supreme Court did not specify whether the law is constitutional. The original law, which was referred to as Idaho’s Vulnerable Child Protection Act or “HB 71,” was signed last year by Brad Little, a Republican governor.
Idaho Attorney General Celebrates Supreme Court Decision As ‘Big Win’
Idaho Attorney General Raul Labrador celebrated the Supreme Court’s decision on X/Twitter with a tweet on Monday. He stated that the decision was a “BIG win to protect vulnerable kids.”
Labrador wrote that he was “proud to defend Idaho’s law that ensures children are not subjected to these dangerous drugs and procedures.”
Labrador Was Named In Lawsuit From Families Of Transgender Teen Plaintiffs
Attorney General Labrador was named in the lawsuit that was filed by the families of the transgender teenage plaintiffs. In Poe v. Labrador, the families alleged that HB 71 violated the guarantee of equal protection under the law of the Fourteenth Amendment.
Labrador was named in the lawsuit along with members of the Idaho Code Commission and Ada County Prosecutor Jan Bennetts. Federal Judge B. Lynn Winmill later dismissed the members of the code commission from the lawsuit.
Judge Winmill Granted Request For Preliminary Injunction, Referenced Civil War Era
Judge Winmill granted the request for a preliminary injunction made by the families of the transgender teenage plaintiffs back in December. That blocked the law from going into effect as scheduled on January 1, 2024.
Winmill wrote in her decision that “these cases illustrate that the 14th Amendment’s primary role is to protect disfavored minorities and preserve our fundamental rights form legislative overreach.” Winmill added “that was true for newly freed slaves following the Civil War” and that it is “no less true for transgender children and their parents in the 21st century.”
HB 71 Criminalized Gender-Affirming Medical Care For Transgender Youth
Governor Brad Little signed HB 71 into law in April 2023 after his office received an abundance of phone calls. The new law went into effect on January 1, 2024.
House Bill 71 banned gender-affirming care for transgender youth. This included surgeries, hormones and puberty blockers.
Governor Little Concerned About Treatments That ‘Irreversibly Damage’ Children
When Governor Little signed the bill into law, he expressed his thoughts related to the matter in a letter. Governor Little wrote that “society plays a role in protecting minors from surgeries or treatments that can irreversibly damage their healthy bodies.”
Little also stated that policymakers should still “take great caution whenever we consider allowing the government to interfere with loving parents and their decisions about what is best for their children.” Prior versions of this legislation would have levied sentences that would require those doctors convicted to face life sentences in prison.
Idaho Family Policy Center President: ‘Gender-Confused Children Need Real Help’
Idaho Family Policy Center President Blaine Conzatti stated that “gender-confused children need real help.” Conzatti added that they did not need “medically unnecessary drugs and procedures that result in lifelong harms.”
The Idaho Family Policy Center is a far-right organization. Conzatti further expressed that they were “grateful” that Governor Little “fulfilled his responsibility to protect vulnerable children struggling with gender dysphoria.”
Governor’s Press Secretary Confirmed His Office Was Inundated With Phone Calls
Madison Hardy, the press secretary of Governor Little, opened up about the public’s reaction to HB 71 during an interview with Idaho Capital Sun last April She stated that “House Bill 71 has stimulated more constituent contacts – calls, emails, letters – than any piece of legislation” that year.
At the time of her interview, she confirmed that the governor’s office had already received over 14,800 emails and phone calls that were in favor of the bill. However, there were also over 6,500 emails and phone calls asking the Idaho governor to veto the bill.
Governor’s Office Created Automated Phone Tree System To Record Votes
The high volume of calls received prevented the staff members from being able to communicate with others regarding matters that were not related to HB 71. As a result, the governor’s office got an IT service team involved to assist with lightening the overall load.
The IT services team was instructed to implement an automated phone tree system. The system allowed callers to simply record their votes when they called in without the need for human intervention.
Community Organization Launched Campaign To Veto Controversial Bill
Add the Words Idaho Executive Director Chelsea Gaona-Lincoln confirmed in an interview that her organization promoted a campaign that educated Idaho residents on the bill. The organization urged Idahoans to contact Governor Little with a request to veto the bill.
Gaona-Lincoln claimed that she “fielded several phone calls from parents” that were “frantic and near hysterics” after the bill passed the Senate floor. The parents were reportedly “terrified for their trans teen and the impacts of this bill.”
Gaona-Lincoln: ‘This Bill Is Going To Be A Catalyst For A Health Crisis’
Gaona-Lincoln further expressed that the controversial bill would “be a catalyst for a health crisis.” She added that this would not be caused by physicians leaving the state.
On the contrary, according to Gaona-Lincoln, it would “be kind of a crisis mode for our trans youth that are not going to have access to the care that they need and deserve.” During the interview, she also mentioned that “taking somebody off their medications isn’t going to keep them from being trans.”
American Medical Association Supports Gender-Affirming Care For LGBTQ Community
The American Medical Association (AMA) is one of the major mainstream American medical organizations that have publicly expressed its support for gender-affirming care for transgender youth and adults. According to its website, the AMA “supports everyone’s access to quality evidence-based health care regardless of gender or sexual orientation.”
The AMA also “works diligently at the state and federal levels to expand access to medical services.” The primary objective is to “reduce stigma in treating patients with unique needs” as well as breaking down the “discriminatory barriers to necessary care.”
American Psychological Association Adopted Policy To Promote Health Care Access
The American Psychological Association (APA) reportedly adopted a landmark policy in February 2024 that supported gender-affirming care for the transgender, nonbinary and gender diverse people. This included children, adolescents, and adults.
APA President Cynthia de las Fuentes stated the “adoption of this resolution reaffirms APA’s dedication to promoting inclusivity, dignity, and access to quality health care for all individuals.” She further expressed that it sends a “clear message that state bans on gender-affirming care disregard the comprehensive body of medical and psychological research supporting the positive impact of such treatments.”
The American Academy Of Pediatrics Expressed Support Of Gender-Affirming Care Policy
The American Academy of Pediatrics (AAP) also expressed its support of gender-affirming care in a statement published online in August of 2023. AAP Executive Vice President Mark Del Monte also discussed the topic at an AAP Leadership Conference.
Del Monte confirmed that the organization would continue to “ensure young people get the reproductive and gender-affirming care they need.” In addition, the organization’s mission was also to ensure that they are “seen, heard, and valued as they are.”
GIPHY App Key not set. Please check settings