Federal appeals court upholds block on Idaho trans care ban

James R. Browning U.S. Court of Appeals, Federal Courthouse San Francisco (Photo Credit: US Courts/GSA)

SAN FRANCISCO, Calif. | The Ninth U. S. Circuit Court of Appeals on Tuesday upheld a lower court’s ruling blocking enforcement of an Idaho law banning gender-affirming medical care for transgender people under 18.

HB 71 bans puberty blockers, hormone therapy, and certain surgeries if they are used to affirm the gender of transgender people under 18, and threatens medical providers who provide this widely accepted care with a felony conviction and up to 10 years in prison.

Chief United States District Judge for the District of Idaho, B. Lynn Winmill, in December ruled that HB 71, a ban on gender-affirming care in the state violates the equal protection and due process rights of parents and their transgender children.

The state of Idaho asked the Ninth Circuit to stay that injunction pending the appeal and allow the law to go into effect immediately, and today’s order refuses to do so.

“This ruling should be celebrated by everyone who decries discrimination,” said Paul Carlos Southwick, ACLU of Idaho Legal Director. “We celebrate alongside transgender youth and their families throughout Idaho who will continue to have access to the health care they need and deserve.”

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