Federal appeals court upholds block on transgender care ban

The Ninth Circuit Court of Appeals upheld a block on Idaho’s ban of transgender health care for minors in a ruling Tuesday.

The challenge to the law continues to be argued in court.

The law, HB 71, which bans physicians from providing hormones, puberty blockers, or transgender-related surgeries to those under 18, had already been prevented from taking effect under an order from U.S. District Court judge Lynn Winmill.

Winmill put a halt to the ban going into effect on Dec. 26, the Idaho Capital Sun reported. Attorney General Raúl Labrador asked the court to lift the injunction and allow the law to be enforced, but Winmill denied this motion on Jan. 16.

Labrador’s office immediately appealed to the Ninth Circuit Court of Appeals.

Ninth Circuit judges Kim Wardlaw, Richard Paez and Jacquelin Nguyen denied Labrador’s motion in a short ruling issued Tuesday afternoon.

The lawsuit was brought by the American Civil Liberties Union, the ACLU of Idaho, Wrest Collective and other legal groups on behalf of two transgender teenagers in Idaho who receive gender-affirming care. The plaintiffs argue the law is unconstitutional.

The law, which had been set to take effect on Jan. 1, would have made it a felony crime punishable by up to 10 years in prison to provide what’s commonly known as gender-affirming care to minors.

“This ruling should be celebrated by everyone who decries discrimination,” Paul Carlos Southwick, ACLU of Idaho legal director, said in an emailed statement. “We celebrate alongside transgender youth and their families throughout Idaho who will continue to have access to the health care they need and deserve.”

Public Information Officer Dan Estes sent the following email statement from the Idaho Attorney General’s Office:

“Last year, the people of Idaho passed two important laws to protect vulnerable children. One law protects minors from irreversible, experimental medical procedures and the other law protects minors from being trafficked out of state for abortions.

“Today, in separate cases addressing each law, the same three-judge panel denied our request to allow Idaho to enforce these laws while the appellate process plays out. In both cases, the panel provided no basis for its decision and simply denied the request.”

“This is not the first time we have had to deal with an unreasoned Ninth Circuit order,” Attorney General Raúl Labrador said. “We successfully petitioned the Supreme Court to overturn the Ninth Circuit’s most recent one involving the Defense of Life Act, and we will work to have these two erroneous decisions corrected as well.

“The Attorney General’s Office will continue to defend Idaho law and protect its children against out-of-state attacks

Guido covers Idaho politics for the Lewiston Tribune, Moscow-Pullman Daily News and Idaho Press of Nampa. She may be contacted at lguido@idahopress.com and can be found on Twitter @EyeOnBoiseGuido.