U.S. Supreme Court

Idaho asks U.S. Supreme Court to Let Transgender Surgery/Drug Ban Take Effect

Idaho Attorney General Raul Labrador has asked the U.S. Supreme Court to allow the state to enforce its “Vulnerable Child Protection Act,” also known as HB 71.

The new law was blocked by U.S. Federal Judge Lynn Winmill in December 2023. He argued that the treatments banned by HB 71 have been safe for minors for a long time.

Proponents of the law said they are trying to prevent damage to minors through procedures that interrupt the body’s natural growth and progression.

Under the bill, doctors who violate the law would face up to 10 years in prison and a fine of up to $5,000.

Idaho is one of nearly two dozen states with some form of ban for surgeries, prescription drugs, or other medical practices. Several states, including Idaho, make violations of their respective laws, a felony.

In his request for the Supreme Court to intervene, Labrador said, in part,

“I’ve witnessed firsthand the devastating consequences of drugs and procedures used on children with gender dysphoria, and it’s a preventable tragedy.

The state has a duty to protect and support all children and that’s why I’m proud to defend Idaho’s law that ensures children are not subjected to these life-altering drugs and procedures.

Those suffering gender dysphoria deserve love, support, and medical care rooted in biological reality. Denying the basic truth that boys and girls are biologically different hurts our kids. No one has the right to harm children, and, thankfully, we as the state have the power—and duty—to protect them.”


Labrador went on to say that Idaho’s children are at risk because of the lower court’s decision to block the new law.

Opponents of HB 71 say that medical intervention is needed. They argue that the procedures and/or medication are necessary for the health of the minor who is seeking help.

The ACLU of Idaho, who is helping the lawsuit on behalf of several families, had this to say in December after Winmill blocked the legislation from going into effect:

“This judicial decision is a much-needed ray of hope for trans people amid a years-long onslaught against their rights to access health care and ability to navigate the world around them. Everyone should be free to live and thrive in their authentic identity, which means transgender people should not be shut out of accessing medically sound health care.”


No decision from the Supreme Court has been given at this time for the state of Idaho’s request to let the law go into effect.

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