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Preliminary injunction temporarily blocks Idaho's ban on gender-affirming care for minors

House Bill 71 was scheduled to take effect Jan. 1, but a preliminary injunction granted on a lawsuit against the ban will halt the law for the time being.

BOISE, Idaho — An Idaho law passed this year that bans gender-affirming care for minors will not go into effect on Jan. 1, as planned. 

A federal judge on Tuesday granted a preliminary injunction on the lawsuit against the ban, putting the law on hold while the legal process plays out in court.

House Bill 71, "The Vulnerable Child Protective Act" was signed into Idaho law in April. It outlaws gender-affirming care for transgender minors; including puberty blockers, hormones and surgeries. 

The final bill signed into law finds any doctor that provides gender-transition care guilty of a felony, punishable by up to 10 years of prison time. 

After the law was signed, a lawsuit was filed against the state on behalf of the families of two transgender Idahoans. 

The lawsuit, and those who filed it – including the ACLU of Idaho – argues House Bill 71 violates the 14th Amendment - which guarantees equal protections to all Americans. 

"This case ultimately is about the 14th Amendment. It is an equal protection case," ACLU of Idaho Executive Director Leo Morales said. "It is about making sure that transgender youth have equal rights in the state, but it is also about making sure that the state doesn't intrude on those constitutionally protected rights of transgender youth."

The law was scheduled to go into effect on the first of the year, but the preliminary injunction granted on Tuesday stops the law from going into effect until the lawsuit is settled.

The ruling is something the ACLU of Idaho is calling a win for Idaho families who are caught in a difficult situation. 

"For us, it's very important, and we will continue to work with the community, with impacted individuals to make sure that their rights are protected," Morales said. "We will continue to fight vigorously to defend the rights of transgender youth in this state, as the state continues to bring on attacks on their existence."

Idaho Attorney General Raúl Labrador gave his reaction to the ruling in a statement:

"The federal judiciary once endorsed the eugenics movement and forced sterilization of intellectually disabled people. Similarly, Judge Winmill's ruling places children at risk of irreversible harm. History will not look kindly at this decision. We are taking immediate action to appeal this decision and are confident that correction will come. I will never stop fighting for and protecting our most vulnerable children," Labrador said. 

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