A federal judge in Idaho has blocked a state law that would have banned gender transitions for children.
The law, which made it a felony to provide medical treatment to transition children, was set to become effective on Jan. 1. The action was taken by District Judge B. Lynn Winmill, an appointee of President Bill Clinton. The judge argued that transgender children have the right to equal treatment under the law, and parents should have the authority to make decisions about their care.
“The Fourteenth Amendment’s primary role is to protect marginalized groups and safeguard our fundamental rights from legislative overreach,” Judge Winmill wrote in his decision. “This was true for newly freed slaves following the civil war, women in the 20th century, and now for transgender children and their parents in the 21st century.”
The judge claimed that the Idaho law violated the equal protection clause of the 14th Amendment and struck it down as unconstitutional. The Vulnerable Child Protection Act, signed into law by Gov. Brad Little (R-ID) in April, bans transition drugs such as puberty blockers, cross-sex hormones, and surgeries such as double mastectomies for children. Any doctor found to be providing such interventions to minors could face a felony charge with up to 10 years in prison and a $5,000 fine.
Supporters of the law argued that children are too young to make life-altering decisions regarding their gender identity, and parents have a legal right and responsibility to make such decisions on their behalf. Opponents of the law accused lawmakers of discrimination against transgender youth and restricting medical care they need.
This decision has likely set the stage for further legal battles in Idaho and other states regarding the rights of transgender children and their parents.