BOISE, Idaho (CBS2) — The Idaho Capital Sun reports Federal Judge B. Lynn Winmill has temporarily blocked a new law in Idaho from going into effect while a lawsuit is settled.
House Bill 71 was passed by the Idaho Legislature earlier this year and signed into law in April by Governor Little. HB71 prohibits "gender-affirming" care, like puberty blockers, hormone therapy, and other treatments for transgender youth. The bill threatens to punish doctors who violate the law with up to 10 years in prison.
Two families with children currently undergoing such treatments are suing Attorney General Raul Labrador, Ada County Prosecutor Jan Bennetts, and members of the Idaho Code Commission, though they have been released from the suit by Judge Winmill.
The case, Poe v. Labrador, alleges House Bill 71 violates the 14th Amendment and the guarantee of equal protection under the law. According to the Idaho Capital Sun, Judge Winmill agrees, "The authors of the 14th Amendment fully understood and intended that the amendment would prevent state legislatures from passing laws that denied equal protection of the laws or invaded the fundamental rights of the people."
Attorney General Labrador released a statement in response, in part saying, "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..."
The Idaho Capital Sun reports that Judge Winmill addressed critics of the decision to halt implementation of HB71 as this suit is settled, saying, "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."
The decision by Judge Winmill is a temporary restraining order. If Roe v. Labrador fails to prove the law violates the 14th Amendment, the law will still go into effect.
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