Federal judge issues injunction on Idaho anti-trans law days before it takes effect
A federal judge issued an injunction Tuesday against an Idaho anti-trans law that would bar prescribing puberty blockers to transgender youth.
The Idaho anti-trans law, House Bill 71, was signed into law by Republican Governor Brad Little last April, according to the Idaho Statesman. It was scheduled take effect on January 1, 2024. Providing gender-affirming care to minors, including puberty blockers, hormone therapy and gender-affirming surgeries would become a felony under the law. This is even though it is exceedingly rare for a person under 18 to be offered these type of surgeries, according to the Human Rights Campaign.
U.S. District Judge B. Lynn Winmill issued a preliminary injunction Tuesday, stopping the Idaho anti-trans law from taking effect in less than a week. Winmill said that the pending lawsuit filed by two trans minors and their parents will most likely succeed, citing the 14th Amendment, according to the Statesman.
"Time and again, these cases illustrate that the 14th Amendment’s primary role is to protect disfavored minorities and preserve our fundamental rights from legislative overreach," he wrote. "That was true for newly freed slaves following the Civil War. It was true in the 20th century for women, people of color, interracial couples and individuals seeking access to contraception. And it is no less true for transgender children and their parents in the 21st century."
Idaho Attorney General Raul Labrador told the paper he will appeal the injunction. Labrador claims "Winmill’s ruling places children at risk of irreversible harm." The use of the phrase "irreversible harm" echoes the anti-trans book Irreversible Damage by Abigail Shrier. Shrier's book endorses the since-debunked theory of "rapid-onset gender dysphoria." The theory claims girls will declare themselves to be transgender as part of a "social contagion"—basically comparing transitioning to a fad.
Winmill, appointed to the Idaho district court in 1995 by President Bill Clinton, has recently ruled in other pivotal culture-war cases. This August, Winmill blocked Labrador from prosecuting doctors who send patients out-of-state for an abortion, KMVT-TV reported.
In August 2022, he also issued an injunction stopping Labrador from prosecuting ER doctors who provide an abortion in attempts to stabilize a patient, according to the Idaho Capital Sun, while a suit against the law.works its way through the court system. The injunction was overturned by the Ninth Circuit Court of Appeals in September of this year, according to the Capital Sun, though the lawsuit itself is still pending.