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Idaho asks Supreme Court to allow enforcement of gender-affirming care ban

Started by Jessica_Rose, February 20, 2024, 04:44:41 AM

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Idaho asks Supreme Court to allow enforcement of gender-affirming care ban

Story by Brooke Migdon (19 Feb 2024)

Idaho has asked the Supreme Court to take emergency action so the state can enforce its felony ban on gender-affirming health care for transgender minors, arguing that a district court's injunction goes too far.

A federal judge in December temporarily blocked Idaho's ban — known as the Vulnerable Child Protection Act — just days before it was slated to take effect. In issuing the preliminary injunction, U.S. District Judge B. Lynn Winmill wrote that gender-affirming medical care, when provided in accordance with guidelines set by the World Professional Association of Transgender Health and the Endocrine Society, "is safe, effective, and medically necessary for some adolescents."

Idaho Attorney General Raúl Labrador (R) appealed Winmill's decision in January, but a three-judge panel for the 9th Circuit Court of Appeals denied it in a one-sentence order. The same three-judge panel denied Labrador's second appeal for the full 9th Circuit to reconsider the injunction.

Labrador in an emergency motion filed Friday said district courts cannot prevent states from enforcing laws against individuals that are not directly involved in litigation and requested that the Supreme Court narrow Winmill's order to cover only the two transgender teenagers challenging Idaho's law, rather than all of the state's trans minors.
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