Idaho Files Emergency Motion Requesting Supreme Court Allow Ban on Transgender Procedures for Minors

On Friday, the state of Idaho filed an emergency motion with the Supreme Court of the United States (SCOTUS) requesting that the high court allow the state to enforce a ban on so-called “transgender” procedures for minors, including drugs and surgeries.

Fox News reports that the motion, filed by Idaho Attorney General Raul Labrador (R-Idaho) and attorneys with the Alliance Defending Freedom (ADF) and the law firm Cooper & Kirk, asks SCOTUS to modify a previous ruling by a lower court blocking the ban altogether. The state requested that the ruling be narrowed down so that the ban only applies to the two teenagers whose families’ lawsuits ultimately led to the challenge against the state ban, so that the law can be enforced on all other minors in the state.

The lawsuit challenging the policy was filed by the far-left American Civil Liberties Union (ACLU). The law in question, the Vulnerable Child Protection Act, is one of many that has been passed throughout the country cracking down on pro-transgender practices, including administering puberty-blockers and other hormone drugs to minors, as well as genital mutilation surgery that is referred to by supporters as “gender affirmation.” The preliminary injunction blocking the law from taking effect was made by U.S. District Judge B. Lynn Winmill in December.

“I’ve witnessed firsthand the devastating consequences of drugs and procedures used on children with gender dysphoria, and it’s a preventable tragedy,” said Labrador said in a statement on Monday. “The state has a duty to protect and support all children and that’s why I’m proud to defend Idaho’s law that ensures children are not subjected to these life-altering drugs and procedures.”

“Those suffering gender dysphoria deserve love, support, and medical care rooted in biological reality,” Labrador continued. “Denying the basic truth that boys and girls are biologically different hurts our kids. No one has the right to harm children, and, thankfully, we as the state have the power – and duty – to protect them.”

The lower court’s ruling in Labrador v. Poe essentially “hamstrings Idaho’s ability to protect its citizens from well-recognized harms,” Labrador noted in the emergency motion.

“Every day Idaho’s law remains enjoined exposes vulnerable children to risky and dangerous medical procedures and infringes Idaho’s sovereign power to enforce its democratically enacted law,” the motion continues. “These procedures have lifelong, irreversible consequences, with more and more minors voicing their regret for taking this path.”

“The Plaintiffs both want access to a single procedure, but the injunction applies to all 20+ procedures that the VCPA (the Vulnerable Children Protection Act) regulates,” the motion notes.  “The Plaintiffs are two minors and their parents, and the injunction covers 2 million.”

The law was signed by Governor Brad Little (R-Idaho) in April of 2023, and made it a state felony for doctors and other medical professionals to hand out such treatments to minors. The crime would be punishable by up to 10 years in prison and $5,000 in fines.

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About Eric Lendrum

Eric Lendrum graduated from the University of California, Santa Barbara, where he was the Secretary of the College Republicans and the founding chairman of the school’s Young Americans for Freedom chapter. He has interned for Young America’s Foundation, the Heritage Foundation, and the White House, and has worked for numerous campaigns including the 2018 re-election of Congressman Devin Nunes (CA-22). He is currently a co-host of The Right Take podcast.

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