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Idaho Supreme Court Bans Transgender Procedures For Minors

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This article was originally published at StateOfUnion.org. Publications approved for syndication have permission to republish this article, such as Microsoft News, Yahoo News, Newsbreak, UltimateNewswire and others. To learn more about syndication opportunities, visit About Us.

Gender-affirming care

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The U.S. Supreme Court, with a conservative majority, has permitted a Republican-supported law in Idaho that criminalizes gender-affirming care for transgender minors to be broadly enforced.

Violations

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This decision comes after a federal judge, Lynn Winmill, had initially blocked the law on constitutional grounds, citing violations of the 14th Amendment’s guarantees of due process and equal protection under the law.

Court’s ruling

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The Supreme Court’s ruling, in response to Idaho Attorney General Raúl Labrador’s appeal, allows the state to implement the ban for all except the plaintiffs involved in the case.

Vulnerable

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While five conservative justices supported this decision, three liberal justices dissented. Chief Justice John Roberts did not disclose his vote publicly. The law, known as the Vulnerable Child Protection Act, was halted by Judge Winmill following a lawsuit filed by two transgender girls, aged 15 and 16, and their parents, just days before it was scheduled to come into effect on January 1.

Medications

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This legislation, part of a series of similar laws enacted by Republican-controlled states in recent times, specifically aims at restricting medications or surgical procedures for adolescents experiencing gender dysphoria.

Gender dysphoria

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Gender dysphoria is a clinical diagnosis that describes the distress resulting from a mismatch between an individual’s gender identity and the sex assigned to them at birth.

Prison

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Healthcare providers can potentially face up to 10 years in prison for administering treatments like puberty blockers, hormones, and mastectomies that do not align with the child’s biological sex, as outlined in the law.

Medical conditions

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However, the legislation does not prohibit these treatments for other medical conditions, such as early puberty or genetic disorders related to sexual development, as long as they correspond to the minor’s biological sex.

Protect and support

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“The state has a duty to protect and support all children, and that’s why I’m proud to defend Idaho’s law that ensures children are not subjected to these life-altering drugs and procedures,” Labrador said after the Supreme Court acted.

Halt medical care

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According to the American Civil Liberties Union, who acted on behalf of the plaintiffs, the ruling enables the state of Idaho to halt medical care for numerous families in the region.

Constitutionality

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“While the court’s ruling (on Monday) importantly does not touch upon the constitutionality of this law, it is nonetheless an awful result for transgender youth and their families across the state,” the ACLU said.

Not obligated

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Justice Ketanji Brown Jackson, along with Justice Sonia Sotomayor, expressed dissent by stating, “The court is not obligated to react swiftly to every alleged emergency brought before us, particularly in complex and contentious situations that are still evolving.”

Lawsuit

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The plaintiffs filed a lawsuit in federal court, arguing that the law is unconstitutional as it discriminates on the basis of sex and transgender identity.

Well-being

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The gender-affirming care received by the plaintiffs has been credited with enhancing their mental well-being, leading them to flourish as teenagers, as stated in a court document.

Judge Winmill

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Judge Winmill intervened by blocking the law, pointing out that it denies transgender minors access to medical treatments available to other minors, thus constituting unlawful discrimination based on transgender identity and sex.

14th Amendment

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The judge emphasized that the 14th Amendment safeguards marginalized groups from legislative encroachment.

Transgender children

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“That was true for newly freed slaves following the Civil War. It was true in the 20th Century for women, people of color, inter-racial couples and individuals seeking access to contraception. And it is no less true for transgender children and their parents in the 21st Century,” Winmill added.

Concerning

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Additionally, the judge ruled that the law infringed upon the rights protected by the 14th Amendment’s due process clause, specifically concerning parents’ fundamental right to seek commonly accessible medical care for their children.

Warning

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Justice Neil Gorsuch, in a concurring statement, highlighted that the Supreme Court’s recent decision should serve as a warning to judges against issuing extensive injunctions like the one issued by Winmill in this particular instance.

Conservative Justices

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“Lower courts would be wise to take heed,” Gorsuch wrote in an opinion joined by fellow conservative Justices Clarence Thomas and Samuel Alito. “Retiring the universal injunction … will lead federal courts to become a little truer to the historic limits of their office.”

Following the decision

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Following the decision of the 9th U.S. Circuit Court of Appeals in San Francisco to uphold the injunction, Labrador, supported by the conservative legal organization Alliance Defending Freedom, sought the intervention of the Supreme Court.

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