Idaho can enforce ban on gender-affirming care for most transgender minors temporarily

The Supreme Court has allowed Idaho officials to enforce a ban on gender-affirming medical care for transgender minors, granting a request from state officials to narrow the scope of a lower court’s order that blocked the law. The court’s conservative majority granted the state’s request for a stay, over the objections of the three liberal justices. The stay does not apply to the two transgender teenage plaintiffs in the case, but blocks the more expansive portions of the lower court’s decision.

The legal battle involves Idaho’s Vulnerable Child Protection Act, which bars health care providers in the state from providing certain medications or surgeries for transgender minors. Two families challenged the law, arguing it violates the Constitution. The district court granted their request to block enforcement of the law, finding that it is likely unconstitutional and would have serious consequences for the transgender minors involved.

State officials asked the U.S. Court of Appeals for the 9th Circuit to pause the district court’s order or narrow its scope, but the request was denied. Idaho then sought emergency relief from the Supreme Court, which granted a stay on the lower court’s decision. The state officials criticized the scope of the injunction as “exorbitant” and claimed it would allow doctors to experiment on minors with dangerous surgeries.

The ACLU, which is representing the families challenging the law, warned that allowing the state to enforce the law would cause severe harm to the transgender minors involved. Granting the request from Idaho officials would jeopardize their ability to continue receiving necessary medical care and require them to give up their anonymity. The ACLU argued that the preliminary injunction maintains the status quo, allowing parents to make decisions about their children’s medical care in consultation with doctors.

More than 20 states have imposed bans on gender-affirming medical care for minors, but some of these laws have been blocked by courts. The legal battle in Idaho highlights the ongoing debate over transgender rights and the rights of parents to make decisions about their children’s medical care. The Supreme Court’s decision to allow enforcement of the ban in Idaho sets a precedent that could impact similar laws in other states.

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