ERIN ELMORE: Federal judge blocks Idaho law prohibiting gender reassignment surgeries and treatments for minors

The law specifically prohibits surgeries that alter genitalia, hormone treatments, and the use of puberty blockers for minors, carrying a significant penalty of up to 10 years in prison for doctors administering these irreversible treatments.

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A federal judge has intervened to halt the enforcement of an Idaho law that prohibits transgender surgeries and hormone treatments for minors, arguing that the law violates the 14th Amendment.

Idaho, joining a growing number of conservative states, recently enacted legislation aimed at preventing minors identifying as transgender from undergoing procedures such as double mastectomies. The law specifically prohibits surgeries that alter genitalia, hormone treatments, and the use of puberty blockers for minors, carrying a significant penalty of up to 10 years in prison for doctors administering these irreversible treatments.

However, Federal Judge B. Lynn Winmill has issued a temporary block on the enforcement of this law in the state. Judge Winmill cited the historical role of the 14th Amendment in safeguarding the rights of minorities and preventing legislative overreach, arguing that this amendment applies to transgender children.

“Time and again, these cases illustrate that the 14th Amendment’s primary role is to protect disfavored minorities and preserve our fundamental rights from legislative overreach,” Winmill argues. “That was true for newly freed slaves following the Civil War. It was true in the 20th century for women, people of color, inter-racial couples, and individuals seeking access to contraception. And it is no less true for transgender children and their parents in the 21st century.”

Responding to the judge’s decision, Idaho Attorney General Raul Labrador expressed disagreement and pledged to challenge the ruling. Labrador drew parallels between the judiciary’s approval of child transgender operations and past injustices in the country, such as eugenics and forced sterilization.

“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,” said Labrador.

This piece first appeared at TPUSA.


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