March 14, 2024– OAKLAND, CA – California Attorney General Rob Bonta led 21 attorneys general in opposing a state legislation in Idaho that prevents the ability of transgender children to access essential, lifesaving gender-affirming care. The defendants in Poe v. Labrador, two trans adolescents and their families, sued to stop Idaho’s House Bill (HB) 71, which criminalizes medical care for transgender minors seeking gender-affirming attention. Idaho filed an appeal with the Ninth Circuit Court of Appeals after a federal district court granted HB 71’s preliminary order. The defendants’ group filed an amicus brief in support of the state coalition, which included Attorney General Bonta, who argued that Idaho’s ban on gender-affirming treatment is in violation of equal protection and stressed the value of gender-affirming care for transgender youth’s well-being.
Attorney General Bonta argued that restricting access to gender-affirming care simply serves to further marginalize vulnerable areas and put their lives in danger. We are asking the Ninth Circuit to restate the district court’s decision to enjoin Idaho’s ban on gender-affirming care in our continuing efforts to ensure equitable and continuous health care for anyone. We at the California Department of Justice will continue to protect the right to health care for everyone, regardless of gender identity.
Gender dysphoria affects many transgender teenagers because they don’t align their gender identity with the sex they were born with. Gender anxiety has been found to cause extreme stress and anxiety, depression, stress, decreased social functioning, substance abuse, and a poorer quality of life. Among trans people, suicide attempts are nine times more common than in the entire U.S. community. Yet trans children are at greater risk.
Idaho’s HB 71, which was passed in April 2023, restricts access to medical care for transgender youths, including hormone replacement therapy and puberty-blockers for gender distress. Healthcare providers who violate HB 71 face a criminal charge and could spend up to ten years in captivity.
The coalition argues that the rules: HB 71 warrants the judge’s issuance of a primary injunction;
- By refusing to provide transgender persons biologically important care that protects their physical, mental, and emotional wellbeing, it seriously harms the health and lives of them.
- Is biased and infringes on the United States Constitution’s Equal Protection Clause by allowing transgender youth medical care while allowing transgender youth medical care.
- Fails to acknowledge the positive effects of diverse laws and regulations, such as those in California.
Attorney General Bonta continues to build on his unwavering commitment to safeguarding everyone’s health care freedom:
- In TAVA v. Veterans Affairs, Attorney General Bonta joined 19 attorneys general in a multistate amicus brief to support the Transgender American Veterans Association’s (TAVA) petition for greater access to gender-affirming care for transgender veterans.
- In Dekker v. Weida, Attorney General Bonta led 20 attorneys general in filing an amicus brief in support of transgender rights and equitable access to medical care in December 2023.
- In an amicus brief filed in November, Attorney General Bonta led 21 attorneys general in opposition to a state law in Oklahoma that greatly restricted transgender youth’s access to crucial, lifesaving gender-affirming treatment.
- In opposition to a state law in Indiana that severely restricts the entry for transgender children to crucial, lifesaving gender-affirming care, Attorney General Bonta led a multistate partnership of 20 attorneys general in September 2023.
- Attorney General Bonta led a multistate coalition in submitting an amicus brief opposing state laws in Kentucky and Tennessee that restrict transgender youths’ access to crucial and lifesaving health care in August 2023.
Attorney General Bonta led a multistate coalition in supporting a Florida law that forbids gay and transgender conversion therapy in children and youth in May 2023.
In filing the amicus brief, Attorney General Bonta was joined by the attorneys general of Colorado, Connecticut, Delaware, Hawaii, Illinois, Maine, Maryland, Massachusetts, Michigan, Minnesota, Nevada, New Jersey, New Mexico, New York, Oregon, Pennsylvania, Rhode Island, Washington, Wisconsin, and the District of Columbia.
The amicus brief can be found here as a copy.
Source: CA DOJ
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