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U.S. Supreme Court allows Idaho's ban on gender-affirming care to go into effect

Ian Max Stevenson, Idaho Statesman on

Published in News & Features

The ACLU of Idaho, which is representing the plaintiffs, called the Supreme Court ruling “awful” in a Wednesday statement.

“Today’s ruling allows the state to shut down the care that thousands of families rely on while sowing further confusion and disruption,” the ACLU said.

The organization noted that the court’s decision “does not touch upon the constitutionality of this law.”

Paul Southwick, the ACLU of Idaho’s legal director, called the ruling “very disappointing” by phone and said the law is now immediately in effect.

He said transgender teenagers in Idaho could still receive care out of the state.

“The fight is not over, the trans families are resilient and they will be taking care of each other during this time,” he said.

 

Supreme Court spars over ‘shadow’ docket

The court’s conservatives took issue with Winmill’s universal pause on the law, arguing it went further than it needed to in preventing all aspects of Idaho’s ban on transgender minor care from going into effect.

Justice Neil Gorsuch, a member of the conservative majority, wrote that Winmill’s decision to put the entire law on hold was overly broad. While the transgender teenagers in the lawsuit have so far received puberty blockers and hormone treatments, Winmill’s decision also blocked the part of Idaho’s law that bans transition surgeries, he wrote.

The American Academy of Pediatrics generally does not recommend transition surgeries until adulthood.

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