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Supreme Court Allows Idaho Ban On Gender-Affirming Care

The Supreme Court of the United States is seen in Washington, March 26, 2024. (AP Photo/Amanda Andrade-Rhoades, File)

The Supreme Court has granted Idaho the authority to implement its ban on gender-affirming care for transgender youth while legal challenges are ongoing, overturning decisions made by lower courts. This decision permits the enforcement of a 2023 law that imposes penalties of up to 10 years in prison for healthcare providers offering hormones, puberty blockers, or other gender-affirming treatments to individuals under 18 years old. However, the court's ruling ensures that the two transgender teenagers who initiated the legal action against the law will still have access to necessary care.

The court's liberal justices advocated for maintaining the hold on the law, emphasizing the importance of allowing the legal process to proceed without interference. Conversely, the conservative majority viewed the decision as a positive step in curbing what they deemed as an overly broad judicial order.

Previously, a federal judge in Idaho had blocked the law in its entirety to safeguard the well-being of the transgender teens involved in the case, who are identified anonymously in court documents. Legal representatives for the teenagers highlighted the significant improvement in their gender dysphoria symptoms due to the gender-affirming treatments they received.

The American Civil Liberties Union, representing the teens and their families, expressed disappointment in the Supreme Court's ruling, characterizing it as detrimental to transgender youth and their families in Idaho. Conversely, Idaho's Attorney General defended the law, asserting that it protects children from undergoing irreversible medical interventions and advocates for medical care based on biological realities.

Gender-affirming care for youth is endorsed by major medical organizations, including the American Medical Association, the American Academy of Pediatrics, and the American Psychiatric Association. These organizations define gender dysphoria as the psychological distress experienced by individuals whose gender identity does not align with their gender expression.

Currently, the Supreme Court is also contemplating whether to address similar bans in Kentucky and Tennessee, which have been permitted to take effect amid legal disputes. Numerous states, including Idaho, have enacted laws restricting or prohibiting gender-affirming medical care for transgender minors, leading to legal challenges across the country. While some bans have been struck down, others remain in effect pending further legal proceedings.

The states with laws restricting or banning gender-affirming medical care for transgender minors include Alabama, Arkansas, Arizona, Florida, Georgia, Idaho, Indiana, Iowa, Kentucky, Louisiana, Mississippi, Missouri, Montana, Nebraska, North Carolina, North Dakota, Ohio, Oklahoma, South Dakota, Tennessee, Texas, Utah, and West Virginia.

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