Idaho’s gender-affirming care ban was just dealt a huge blow

Two inmates of an Idaho prison have won a legal victory for trans residents across the state. A federal judge has now granted a partial injunction on an Idaho law restricting gender affirming care.

The two plaintiffs of the ongoing court case Robinson v Labrador, who are represented by the ACLU national and Idaho chapters, are challenging House Bill 668 as a violation of their 8th amendment right to freedom from cruel and unusual punishment.

HB 668, which was signed into law by Republican Gov Brad Little on March 26 and went into effect on July 1, prohibits public funds and facilities from being used for gender-affirming care. Under this law, the plaintiffs were effectively forced to detransition once they’d entered the penal system.

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While the injunction does not stop enforcement of the law overall, it does secure access to gender affirming care in prisons. It also grants class action status, which allows the lawsuit’s outcome to apply beyond the plaintiffs to an entire class of people.

“Plaintiffs have raised serious questions going to the merits of their claim, they have shown likely irreparable harm from enforcement of the Act, and the balance of equities and public interest weigh in the Plaintiffs’ favor,” Chief District Court Judge David C Nye wrote in his opinion.

“I’m not [a plaintiff] because I want recognition. I’m doing it because it has to be done,” primary plaintiff Katie Heredia said in a statement. “We are just normal people who happen to be trans. We have medical conditions and deserve access to medical treatment.”

“We really are human beings who just want to be treated like everybody else,” plaintiff Rose Mills added. “This decision [to ban public funding for gender-affirming health care] was not people-led. It was just a few people who decided that, and the public needs to know that.”

“We are thrilled that the judge recognized the real and unnecessary harm that Idaho’s incarcerated people would suffer if suddenly cut off from their prescribed medication,” ACLU Idaho legal director Paul Carlos Southwick said.

“We are grateful that this class action lawsuit will protect the rights of both our plaintiffs and all incarcerated people diagnosed with gender dysphoria. People who are serving time have a right to access health care, adequate food, and housing conditions while in the state’s care, and we are grateful those rights were upheld today.”