We are trying a new series – dedicating an article page to each state we serve in for the year and using it as a mini-blog. We’ll post updates on laws and court cases here as we have them. This here is Idaho.
Content Note: we talk about anti-trans legislation.
The Idaho State Legislature
From the Idaho State Legislature webpage you can:
- find your legislators
- contact your legislators
- search and read bills
- track bills (after registering an account and logging in)
- see meeting and session calendars
- access audio and video streaming of sessions
Read the ACLU of Idaho’s tip sheet on engaging with the Idaho Legislature.
May 14, 2024
Earlier this month, Idaho joined a lawsuit challenging the Biden administration’s rule-making that gender identity is a protected characteristic in education. The Biden rules go into effect August 1, 2024.
Background: “Four States Tell Schools To Ignore Biden’s New Title IX Rules Protecting Trans Students” (Erin Reed, Erin in the Morning.)
Chris Geidner of LawDork has just published a substack that he believes these lawsuits will move quickly: “Challenges to Biden admin’s Title IX rule multiple, moving forward quickly.“
There will undoubtedly be a lot of news in the coming weeks. We’ll try to update on each state page, but also look to our Federal news page for updates.
Idaho Law changes going into effect this summer (unless otherwise blocked):
- July 1, Idaho state Medicaid will not cover transgender medical care. This is a very active topic nationally.
- A recent (4/29/24) 4th Circuit Court decision ruled insurance exemptions unconstitutional.
- A very recent (5/13/24) 11th Circuit Court ruling referenced the 4th Circuit Court ruling in a decision that transgender health insurance exclusions are unconstitutional.
- If this law is not blocked, and you have been receiving transgender medical care using Idaho Medicaid insurance, you will not be able to use this insurance as of July 1, 2024. We will still be providing adult care in Idaho. If you are losing access to your clinic or provider as well as insurance coverage and want more information about how we work, request a free introductory appointment with us (see the “Request Appointment” button up top!)
- July 1, misgendering in schools supported by the state. The Idaho ACLU chapter has already signaled that they will be suing. The right to be correctly gendered at school is likely protected via the recent Biden administration’s rule making in Title IX.
April 16, 2024
Both LawDork and ErinInTheMorning have posts up today about Idaho, and they’re worth a read. SCOTUS yesterday ruled that Idaho is able to enforce the law prohibiting gender affirming care for adolescents, except against the two plaintiffs in the case. The Supreme Court ruling is not about the (un)constitutionality of Idaho’s ban in H.B. 71, but the reach of the injunction blocking its enforcement. For now, the case goes back to the Ninth Circuit Court.
“horrifying, but for legal purposes — including for the message lower courts should take from this — this was not a ruling about transgender people’s rights. It was, rather, a ruling on the appropriate scope of injunctions and similar relief and whether the Supreme Court will issue shadow docket relief to address lower courts that issue such injunctions.”
Chris Geidner, LawDork, April 16, 2024
April 15, 2024
Bad news day: The Supreme Court today issued a ruling allowing Idaho to enforce the ban on adolescent gender affirming care while the case continues its journey in the Ninth Circuit Court. We will be following and updating as we understand more of the legal implications. Families seeking, care: please feel free to contact us at info@queerdoc.com.
CNN article
Other recent developments:
Governor Cox signed HB 538 and HB 421 into law. HB 538 allows government staff/officials to intentionally misgender transgender people. It also protects staff who do so from discipline. HB 421 “asserts that there are solely two sexes, insisting that the sex assigned at birth remains fixed for life, essentially negating any recognition of gender identity beyond biological determinants. (as per ACLUIdaho’s Instagram post.) ACLU Idaho has signaled that they intend to sue.
March 29, 2024
Wouldn’t we like this session to be done and over with? We’re not yet done. ACLU Idaho has an action for you:
Here’s the action link for sending an email.
March 28,2024
So, we thought that the Idaho legislative session was done on March 22nd. Nope, that was the target done day: sine die. Sine die is the day on which legislatures adjourn for the year unless more meetings are scheduled (or special sessions are called.) Idaho doesn’t have an official sine die – it just keeps going until it doesn’t anymore, which is kind of telling.
March 21, 2024
Alert from the Idaho ACLU – please contact your senator to request that they vote NO on HB 668. 668 would prohibit Idaho Medicaid funds from being used for gender affirming care. This violates federal law and is obviously discriminatory. Link: https://www.acluidaho.org/en/take-action-stop-hb-668
March 19, 2024
HB 668 has passed its second reading in the Senate and is filed for its third reading. It looks like this bill will pass. H 668 prohibits public funds being used for gender affirming care.
H 538 – restricting pronoun and title use in schools has passed the House and sent to the Senate where it has had its second reading and is filed for its third reading.
SB 1352 – allows counselors and therapists to opt out of counseling a client “in support of goals, outcomes, or behaviors that conflict with the sincerely held religious, moral, or ethical principles of the counselor or therapist.” Yeah, so therapists can refuse to affirm LGBTQ+ folx. This bill has passed both the Senate and the House.
SB 1329 – the “kids don’t have healthcare rights” bill. This one wasn’t on the watch list. It requires parental notification for healthcare for youth. This bill only prevents disclosure in the event of an active investigation or law enforcement intervenes. This isn’t just about gender care, but all care for youth. Call the Governor and ask him to veto SB 1329. 208-334-2100
March 13, 2024
Committee hearing on 668 (ban public funds) is scheduled for 8am on March 14th. Idaho ACLU urges you to send a message.
March 12, 2024
The ACLU is now tracking twelve bills in Idaho.
H 668 and H 520 are healthcare bills.
H 668 prohibits public funds being used for gender affirming care. This bill has passed the House and is being sent to the Senate.
H 520 also prohibits public funds from being used for gender affirming care. This bill is currently in the Judiciary Committee – it may have been shelved, as H 668 progressed.
There are also school and religious exemption bills that are advancing in the legislature.
H 538 – prohibits the state from compelling employees and students to use “certain titles and pronouns.” This bill appears to be waiting for its third reading in the House.
S 1362 – bans pride flags in schools. This bill has passed the House and has had its first reading in the Senate. Now in the Senate Education Committee.
H 669 – ok, this one is….going beyond the usual. Prohibits negative impacts to personal “social credit scores” from refusing to get on board with fighting greenhouse gases, from refusing to participate in DEI “quota, preference, or benefit, based, in whole or in part, on race, diversity, or gender,” from refusing to facilitate abortions or gender care. So…essentially, it’s the “You Can’t Cancel Me Bill”. (Hopefully, it doesn’t need to be said that we’re not lawyers, and our interpretations of any bill are not official…..)
February 23, 2024
HO520 (prohibit the use of public funds for gender affirming procedures, including Medicaid,) has passed committee and gone to the full House.
February 20, 2024
Idaho has asked the Supreme Court to issue a stay on the youth care injunction while it is undergoing appeal. Currently, youth can receive care in Idaho. Idaho is requesting that the injunction be narrowed so that only the plaintiffs in the case can receive care. Write up at LawDork.
In the legislature:
Bill HO538 – forced outing at school has passed committed and gone to the House floor.
February 17, 2024
H0567 bill prohibiting instruction on human sexuality, sexual orientation, and gender identity before grade 5 has been introduced in the House.
H0498 – an internet censorship and age verification to access online media bill has passed the House and been referred to the Senate.
February 9, 2024
H 421 has passed the House and has been introduced in the Idaho Senate. Contact your state senator. See the ACLU link below on February 6th’s entry for a write-up.
Two more bills have been introduced in the Idaho legislature:
H. 538 is a forced outing in schools bill. It would prohibit the State of Idaho from compelling trans employees and students to request the right pronouns and titles for themselves with the (un) fabulously ironic subtitle “Compulsory Gender Language Prohibited.” Government employees shall not be disciplined for declining to use a person’s pronouns or adopted name if not changed legally. Public school staff may not knowingly address trans youth by their affirming names without written permission from parents/legal guardians.
H. 520 would prohibit the use of public funds for gender transition procedures. This would ban Idaho Medicaid from covering gender affirming healthcare. No state-employed clinician may provide care. No state-owned building may be used for gender affirming care.
February 6, 2024
H 421 is proceeding through the Idaho House. Use the Idaho ACLU’s one-page write-up on the bill to draft a letter to your representative. Find your legislator here. H 421 would remove the concept of gender from Idaho state law.
February 1, 2024
GOOD NEWS! H 419 (restriction of Medicaid) appears to be dead in committee.
January 30, 2024
GOOD NEWS: The Ninth Circuit Court of Appeals has upheld the block on Idaho’s youth care ban. Idaho youth can continue to receive care.
Bill update:
H 421 – (definitions of sex/gender, spaces segregated by sex) moved to the State Affairs committee
January 25, 2024
The ACLU is currently tracking two bills in the Idaho legislature.
H. 419 – Healthcare bill in the House. Referred to committee.
- Prohibits Medicaid expansion.
- Creates work requirements for Medicaid.
- Creates a lifetime time limit if 36 months for Medicaid enrollment.
- Prohibits Medicaid funding of “gender reassignment procedures, including treatments and surgery for any resident over eighteen years of age.” This bill includes a clause that a court may not require treatment under Medicaid (note – I don’t fully understand this clause.)
H. 421 – Trans Erasure Bill; In the House, has been referred to committee.
- Defines sex as male or female
- establishes that an individual’s sex can be “observed or clinically verified at or before birth.”
- States that sex cannot be self-determined and is a “biological truth” and claims that there is “increasing confusion” about the relationship between sex and gender.
- Claims that separate facilities segregated by sex does not constitute unequal treatment
- States that sex cannot be changed.
Related QueerDoc Articles:
- Tracking Legislation In 2024 And Not Burning Out
- Tracking Anti-Trans Legislation (2021 article with citations)
