By Ruth Brown, Idaho Reports
U.S. District Judge B. Lynn Winmill denied the Idaho Attorney General’s request for an emergency stay in a case revolving around gender-affirming care for transgender youth.
The decision published Tuesday comes after the same judge on Dec. 26 denied the state’s request to dismiss the lawsuit and granted the plaintiff’s request for an injunction, which prevents the enforcement of Idaho’s Vulnerable Child Protection Act.
That means gender-affirming care is still available to transgender youth in Idaho.
Because the state is appealing the court’s decision, the attorney general requested an emergency stay of its enforcement. The court denied his request.
“The Attorney General next argues that the State of Idaho will be irreparably injured by the preliminary injunction order because the injunction will thwart the will of the Idaho legislature,” Winmill wrote. “But, for all the reasons discussed in its previous order, the Court has concluded that Idaho’s Vulnerable Child Protection Act is unconstitutional. The State is not harmed when a federal court enjoins an unconstitutional law.”
The court disagreed with the state’s argument that this was a new right for parents.
“Rather, the Supreme Court long ago decided that parents have the right to direct the care and upbringing of their children, and this right logically includes the parents’ right to choose a particular medical treatment, in consultation with their healthcare provider, that is generally available and accepted in the medical community,” Winmill wrote.
The attorney general’s office filed an emergency motion Wednesday asking the U.S. Court of Appeals for the 9th Circuit to halt a lower court’s order.
“I’ve witnessed the devastating consequences of drugs and procedures used on children with gender dysphoria,” wrote Attorney General Raúl Labrador in a press release on Wednesday. “And it’s a preventable tragedy. Yet activist groups and professionals with large financial interests continue to push harmful puberty-blocking drugs and body-altering surgeries that can cause permanent sterilization on children too young to understand the long-term implications for their lives. 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 no child is subjected to these life-altering drugs and procedures. Children suffering gender dysphoria deserve love, support, and medical care rooted in biological reality.”
Ruth Brown | Producer
Ruth Brown grew up in South Dakota and her first job out of college was covering the South Dakota Legislature. She’s since moved on to Idaho lawmakers. Brown spent 10 years working in print journalism, including newspapers such as the Idaho Statesman and Idaho Press, where she’s covered everything from the correctional system to health care issues. She joined Idaho Reports in 2021 and looks forward to telling stories about how state policy can impact the lives of regular Idahoans.