The Idaho House of Representatives on Tuesday passed legislation to make it a crime punishable by life in prison for a parent to seek out gender-affirming health care for their transgender child.
The bill is among 29 pieces of Republican-backed legislation nationwide proposed so far this year to curtail health care for transgender youth, and it coincides with dozens of additional bills seeking to limit what can be discussed about gender identity and sexual orientation in schools and restrict transgender athletes in school sports.
But LGBTQ advocates and legal experts say the Idaho proposal differs by criminalizing cases of transgender children traveling to other states to obtain certain medical procedures.
“We are seeing the severity of those policies start to really ramp up,” said Sam Ames, director of advocacy and government affairs at The Trevor Project, a nonprofit organization that focuses on preventing suicide in the LGBTQ population.
A directive by Texas Gov. Greg Abbott last month ordered child welfare authorities to “conduct a prompt and thorough investigation” of any reported instances of minors undergoing “elective procedures for gender transitioning” as potential child abuse. Multiple investigations are now underway into Texas families with transgender children, with the threat of decades in prison for anyone convicted of child abuse.
In Idaho, HB 675 would amend the state’s statute prohibiting genital mutilation to make it a felony to provide gender-affirming health care, such as puberty blockers, hormone therapy and sex reassignment surgeries. But the bill goes further than other GOP efforts targeting transgender health care: A parent or guardian would also be guilty of a felony if they travel with their child to another state for the purpose of obtaining gender-affirming health care. Those found guilty could face up to life imprisonment. Idaho Rep. Bruce Skaug, the Republican sponsor of the bill, said Tuesday on the floor of the Legislature that his proposal is necessary because minors are too young to make life-altering decisions about their bodies. He also cited the Texas government’s recent move to consider gender-affirming medical treatments a form of child abuse as evidence that Idaho should act as well.
“If we do not allow minors to get tattoos, smoke cigarettes and drink alcohol or sign legal contracts,” he said, “why would we allow them to make decisions to cut away organs based on their feelings during puberty time?”
Skaug did not respond to requests for comment.
The bill cleared the Idaho House by a vote of 55-13 on Tuesday. It now heads to the Idaho Senate, where Republicans hold a 28-to-7 majority over Democrats.
Four experts who reviewed the legislation told NBC News that the Idaho proposal could be vulnerable to legal challenges. It is not unlike laws from a prior generation, including the criminalization of interracial couples traveling to another state to get married, the experts said, which was struck down by the U.S. Supreme Court. People already take trips to other states to do things that are legal that they can’t do where they live — from consuming cannabis, gambling or buying fireworks to obtaining an abortion — and there’s little states can do to stop that because of constitutional limits on restricting interstate travel.
The bill presents “complicated questions whether Idaho could, in that fashion, use their lawmaking authority to try to prevent people in Idaho from taking advantage of the differing law of another state,” said David B. Cruz, a law professor at the University of Southern California.
Andrew Koppelman, a Northwestern University law professor, said a fatal flaw of the legislation is another section that stipulates only males can receive testosterone from a doctor. That would violate federal prohibitions on gender-based discrimination, he said.
“The constitutionality of this bill is in doubt, even aside from the provision that says that you can’t travel out of state,” Koppelman said.
Last year, Arkansas became the first state to enact a law prohibiting gender-affirming medical care for trans youth, according to the American Civil Liberties Union. A federal court blocked the law from taking effect, in response to an ACLU-backed lawsuit, but 19 other states introduced similar legislation.
Anti-LGBTQ legislation has been increasing at the state level in recent years, with 17 bills signed into law in 2021, more than the previous three years combined, according to the Human Rights Campaign.
In a recent survey by The Trevor Project, 85 percent of trans and nonbinary youth said debates about state laws restricting the rights of transgender people negatively impacted their mental health.
“This national political assault is not really about trans youth,” Ames, of the Trevor Project, said. “It’s very clear that this has become a useful political wedge issue in a hotly contested political climate. The fact that we are playing politics with young people’s lives like this is an indication to me that we are dealing with the worst kind of politics we know in this country, which is the kind that assumes an acceptable risk of casualties.”
I have already posted that Republican strategist feel the trans issue and LGBTQ+ books in schools is the winning ticket for the midterms. They know it riles up the base, it is an easy sell to their base, it is a message the can hammer on and distort. Notice the language used in the bills, “why would we allow them to make decisions to cut away organs based on their feelings during puberty time”. Notice the cut away organs … Kids having irreversible sex changes oh my gods save the children. Except it is not happening. No more than there was a child rape ring in the basement of a pizza shop run by Hillary Clinton. It is made up to scare people. Kids get social transitioning such as the support wearing the other genders specific clothing, using the items that gender uses, allowed name and pronoun change, and with the assistance of trained medical professionals who examine the child to determine the appropriateness of treatment kids can get puberty blockers. And that is not a harmful permanent procedure and is recommended by the American Academy of Pediatrics. The majority of the medical community says that not only are puberty blockers not harmful and fully reversable they save lives and give trans kids lifelong relief from developing the traits of the gender they do Identify as so do not want to live as. This is an especially important issue that has lifelong consequences of how a person presents all their life. Imagine if you had to live your life looking like the gender you are not? Imagine you are a woman who had to go through male puberty and are built like a linebacker now? Imagine you are a man who had to go through female puberty and look like a pretty show girl. have some compassion people. But let me be clear again, no child gets a sex change operation, gets any operation for gender change done on them. They have to be 18 and in some places even 21 to have that control over the bodies. So this is a political issue like CRT made up to show the people the woke lib Democrats want to destroy gods creations and hurt white people and their kids.
The Idaho House of Representatives has passed legislation to make it a crime punishable by life in prison for a parent to seek out gender-affirming health care for their transgender child. https://t.co/6qLKSUDGQS
Advocates are sounding the alarm about two anti-LGBTQ+ bills in Idaho that come with hefty punishments—including a potential life sentence. @cohaug reports: https://t.co/kAyMzb9flF
The Florida Senate approved legislation on Thursday that limits how workplaces and schools teach about race and identity. The measure prohibits trainings that cause someone to feel guilty or ashamed about the past collective actions of their race or sex, and its passage clears the way for Gov. Ron DeSantis to sign one of his top legislative priorities into law.
After two days of emotional debate on a proposal that remains clouded by considerable confusion, the Senate passed the framework for the so-called “Stop Woke Act” 24 to 15, in a party-line vote.
DeSantis initially proposed the bill in December, arguing he wanted Florida to become a bulwark against corporate trainings and school lessons that make people uncomfortable about the actions of their ancestors.
It's really called the "Stop Woke Act." Shoulda went for something more catchy, like the "Ambien Act" or the "White Fragility Act" https://t.co/8jIizoJirX
Just now – Florida Senators pass the bill called “Individual Freedom” – what the Gov calls “Stop WOKE act”: 24-15 – party lines. It essentially blocks schools & businesses from teaching race/ethnic history & diversity in a way that makes someone feel shamed, guilty@WPLGLocal10
BREAKING: The Florida Senate just passed the so-called "Stop WOKE Act” bill, which censors conversations about racism, LGBTQ+ issues and discrimination.
This comes days after Florida passed its “Don’t Say Gay or Trans” bill. https://t.co/Q8ZxxdnAIz
Texas is worried it could lose over a billion dollars in federal funding over Gov. Greg Abbott’s directive requiring medical professionals to report gender-affirming care for minors as child abuse.
Attorney General Ken Paxton. Credit: USA TODAY NETWORK via Reuters
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Texas is worried it could lose over a billion dollars in federal funding over Gov. Greg Abbott’s directive requiring medical professionals to report transgender children receiving gender-affirming health care as potential child abuse.
Texas Attorney General Ken Paxton amended an existing lawsuit suing the Biden administration Wednesday, attempting to void guidance issued by the U.S. Health and Human Services on March 2 that said restricting someone’s ability to receive medical care solely on the basis of their sex assigned at birth or gender identity is likely a violation of the Affordable Care Act for federally funded entities. That federal guidance came in response to Abbott’s directive issued late last month to treat certain medical treatments for trans children as possible crimes to be investigated by the Department of Family and Protective Services.
The federal guidance stated that health care providers do not need to disclose private patient information regarding gender-affirming care and that it is illegal to deny health care based on gender identity.
Paxton, in the lawsuit, said that guidance is based on “erroneous interpretation of sex discrimination.” The lawsuit says Texas does not aim to deny health care based on gender identity. Instead, the state argues its investigations disregard gender entirely, barring all children from “unnecessary medical interventions.”
In 2020, $1.36 billion in federal funds went to Texas’ Department of State Health Services, Paxton said in the lawsuit. More than $26 billion went to the State’s Health and Human Services Commission.
Before Abbott issued his directive essentially equating gender-affirming care to child abuse, Paxton issued a nonbinding legal opinion stating that health care treatments such as puberty blockers, prescription medicines whose effects are entirely reversible, constitute child abuse as well. These statements elicited intense criticism from the White House, doctors, lawmakers and advocacy organizations.
So far, the state has begun five investigations into parents of trans children since Abbott issued his directive Feb. 22. However, there may be more cases as the state declined to disclose active investigations amid pending litigation.
Paxton attempted to stop a ruling temporarily blocking the state from investigating the family of a trans child. But a Texas appeal court denied him Wednesday. On Friday, lawyers for the American Civil Liberties Union and Lambda Legal will ask a lower court judge to stop state investigations against parents who obtain gender-reaffirming care for their children.
House Republicans in Tennessee advanced legislation on Tuesday that would ban public schools from using textbooks or materials that “promote, normalize, support or address LGBT issues or lifestyles.”
Critics argue the bill is similar to a measure that Florida’s Republican-dominated legislature passed just hours earlier, which would forbid instruction on sexual orientation and gender identity in kindergarten through third grade.
The Tennessee version would apply to all K-12 public schools. A House panel on Tuesday approved sending it it to the full chamber for a vote. The bill has not yet made much progress in Senate.
“I think most parents would like the sexuality of our children to be left to our parents in the home and not part of a curriculum,” said Republican Rep. Bruce Griffey, the bill’s sponsor. “And the vast number of parents also feel like materials that promote LGBTQ issues and lifestyles that should be subject to the same restrictions and limitation that there are on religious teachings that are not allowed in our schools.”
Since being elected to the House in 2018, Griffey has not had much political sway inside the GOP-dominated Statehouse. He has become known for introducing some of the more attention-grabbing contentious proposals each legislative session, but they rarely advance.
Nevertheless, Republicans on the House Finance, Ways and Means Committee advanced the bill, with one GOP member thanking Griffey for sponsoring the bills.
According to the legislation, the state’s Textbook and Instructional Materials Quality Commission would be banned from recommending textbooks and instructional materials that “promote, normalize, support, or address lesbian, gay, bi-sexual, or transgender (LGBT) issues or lifestyles” that would be used in public schools. If approved, the measure would apply to textbooks approved by the commission after July 1.
“What you’re saying to them and to the rest of us is that that ‘We don’t want to know that you’re here. We don’t want our children to know that you even exist,’” said Democratic Rep. Larry Miller. “How unamerican … how embarrassing that is.”
Republican Gov. Bill Lee has not publicly weighed in on the legislation, but the governor has never vetoed a bill while in office.
The Élysée Palace released images of French President Macron after his call with Putin today, regarding the invasion of Ukraine. 🇫🇷🇷🇺🇺🇦 pic.twitter.com/I1uOgNMuma
Texas Attorney General Ken Paxton issued a nonbinding legal opinion last month that equated gender-affirming care with child abuse. Credit: Shelby Tauber for The Texas Tribune
For LGBTQ mental health support, call the Trevor Project’s 24/7 toll-free support line at 866-488-7386. You can also reach a trained crisis counselor through the National Suicide Prevention Lifeline by calling 800-273-8255 or texting 741741.
A Texas appeals court sided with the parents of a transgender teenager in a ruling Wednesday, rejecting Attorney General Ken Paxton’s efforts to allow a child abuse investigation to proceed.
The ruling will allow a lower court to hold a hearing, scheduled for Friday, where lawyers for the American Civil Liberties Union and Lambda Legal will ask a judge to stop the state from launching child abuse investigations against parents who have obtained gender-affirming care for their transgender children.
“This crisis in Texas is continuing every day, with state leaders weaponizing the Department of Family and Protective Services to investigate families, invade their privacy, and trample on the rights of parents simply for providing the best possible health care for their kids under the guidance of doctors and medical best practices. This appeal was always groundless and DFPS and the courts need to stop this egregious government overreach,” said Brian Klosterboer, an attorney with ACLU of Texas.
The Attorney General’s office did not immediately respond to a request for comment.
In a nonbinding legal opinion issued in mid-February, Paxton equated gender-affirming care with child abuse. Gov. Greg Abbott followed that with a letter directing Texas Child Protective Services to open investigations into families that provide this care to their children.
While most gender-affirming care focuses on “social transition” — allowing a child to express their gender how they’d like — some transgender children take puberty blockers, a completely reversible medical treatment that’s prescribed for a wide range of situations beyond transition. Paxton and Abbott also cited concerns over gender-affirming surgeries that are rarely, if ever, used on children.
The state has opened at least five child welfare investigations into parents of trans children since Abbott issued his directive on Feb. 22, though the real number may be much higher. The state has declined to provide the number of active investigations, citing the pending litigation.
The ACLU and Lambda Legal have sued on behalf of a state worker who has a trans child and alleges she was put on leave and investigated by CPS after asking questions about the directive.
Last week, state District Judge Amy Clark Meachum granted a temporary restraining order blocking the state from investigating the family. Paxton immediately appealed that ruling, and on Wednesday, the Texas 3rd Court of Appeals ruled that it did not have jurisdiction to proceed.
Meachum also scheduled a hearing for Friday to hear arguments on whether to grant a temporary injunction until trial, and whether it should extend to all parents of transgender children.