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A federal judge in Boise, Idaho, has issued a preliminary order blocking the enforcement of a state law that prohibits gender-affirming care, including puberty blockers and hormones, for transgender minors. The ruling, handed down by U.S. District Judge B. Lynn Winmill, marks a crucial victory for families who had challenged the law, arguing that it violated their rights.
Constitutional Grounds: 14th Amendment Upheld
Judge Winmill’s decision is rooted in the 14th Amendment of the U.S. Constitution, explicitly citing guarantees of equal protection and due process. The judge asserted that these constitutional provisions empower parents with the right to seek gender-affirming care for their children, emphasizing the principle of equal treatment under the law for transgender children.
Fundamental Parental Rights
In the written order, Judge Winmill, appointed by former President Bill Clinton, underscored the importance of parental rights in making fundamental decisions about the well-being and care of their children. “Parents should have the right to make the most fundamental decisions about how to care for their children,” Winmill stated, affirming the role of parents in determining appropriate medical care for their transgender children.
ACLU Response and Determination
Li Nowlin-Sohl of the American Civil Liberties Union (ACLU), representing the plaintiffs, expressed gratitude for the court’s recognition of the potential harm posed by the banned law. “Transgender children should receive equal treatment under the law,” Nowlin-Sohl remarked, emphasizing the ACLU’s commitment to challenging the ban until Idaho is deemed a safe place for every family.
Attorney General’s Response and Planned Appeal
Idaho Attorney General Raul Labrador voiced disagreement with the ruling, asserting that it “places children at risk of irreversible harm.” Labrador announced the state’s intention to appeal the decision, highlighting the ongoing legal battles surrounding gender-affirming treatments in various states.
Legislative Context: Idaho’s Ban and National Landscape
Idaho had previously enacted a law prohibiting puberty blockers, hormones, or surgeries that aimed to align a child’s perceived gender with their biological sex. This law placed Idaho among approximately 20 Republican-led states that have implemented or considered restrictions on gender-affirming treatments.
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Legal Landscape: Divided Courts and Pending Supreme Court Petition
The legal landscape regarding gender-affirming bans remains divided. While most lower-level courts have blocked such bans, appeals courts have sided with states, creating a complex scenario. Notably, the 11th U.S. Circuit upheld an Alabama ban, and the 6th Circuit supported bans in Kentucky and Tennessee. Families challenging the Tennessee ban have sought Supreme Court intervention, marking the first petition.
Ongoing Litigation: Case Details
The case in question, titled Poe et al. v. Labrador, is currently being heard in the U.S. District Court for the District of Idaho, with case number 1:23-cv-00269. The plaintiffs are represented by Li Nowlin-Sohl of the ACLU, Alexia Korberg of Paul, Weiss, Rifkind, Wharton & Garrison, and others. The state is represented by Lincoln Wilson of the Idaho Attorney General’s office and other legal representatives.
