Supreme Court: Idaho can ban minors’ gender transition care
WASHINGTON – The Supreme Court on Monday said Idaho can enforce a state law banning gender transition care for minors, except for two transgender teenagers who are challenging the law.
The court did so over the objections of the three liberal justices.
It’s the first time the justices have weighed in on restrictions on puberty blockers and hormone therapy for transgender people younger than 18, an issue that has divided lower federal courts and is part of a wave of conservative legislation and litigation aimed at transgender Americans.
The court could also decide soon whether it will review such bans in Tennessee and Kentucky. That decision would come as transgender issues have become an increasingly potent political issue.
Passed last year, Idaho’s law is being challenged by the families of two transgender teenagers.
After lower courts temporarily blocked enforcement, Idaho asked the Supreme Court to let it go into effect with an exception carved out for the challengers.
The American Civil Liberties Union, which is representing the two Idaho families, said that option won’t protect the teenagers as medical providers won’t want to risk triggering a law that could put them behind bars for a decade.
Also, the teens would have to give up their anonymity.
Filed as an emergency request, Idaho’s appeal to the high court is a prelude to the larger pending issue: whether the justices will uphold such bans, which have proliferated in recent years.
Families of transgender children have asked the Supreme Court to overturn a ruling by the Cincinnati-based U.S. Court of Appeals for the 6th Circuit, allowing Kentucky and Tennessee to ban gender-affirming medical care for minors.
The court could announce as early as this month if it will hear the appeals.
Combined with other state actions to restrict the bathrooms transgender students can use and what sports teams they can join, the laws are expected to be a major issue in this year’s elections.