Idaho politicians on the Senate State Affairs Committee voted 4 to 3 on Thursday night to move ahead with a bill that would forbid transgender and intersex Idahoans enrolled in Medicaid or state employees enrolled in the state’s insurance plan from receiving gender-affirming treatment.
Public funds “shall not be used to pay for any surgical operation or medical intervention… for the purpose of altering an individual’s appearance in a way that is incompatible with the individual’s biological sex,” as stated in House Bill 668.
Bill sponsors Reps. Julianne Young, R- Blackfoot, and Bruce Skaug, R- Nampa, said the bill is aimed at protecting taxpayer dollars, and it is a redrafted version of previous legislation presented earlier this session.
The committee heard from 12 people, including transgender Idahoans, state employees, and a doctor, who all testified against the bill.
Nikson Mathews, a transgender Boise man, was the first person to testify. He claimed that while he was putting forth his two-minute testimony, he wanted to emphasize the magnitude of the problem with the bill.
“Bills like this impact real people,” Mathews said. “I’m actually asking you to see me and see us. We are human beings. We are your neighbors. We are your constituents. We are valuable members of this community. We are taxpayers. And we deserve the same medically necessary benefits as any other Idahoan would.”
Sen. Treg Bernt, R- Meridian, thanked Mathews for his testimony.
“I appreciate you, I appreciate your strength, and I appreciate your courage to stand up and testify,” he said.
Bernt, alongside Sens. Ben Toews, R- Coeur d’Alene, Chuck Winder, R- Boise, Kelly Anthon, R- Burley, voted in favor to advance the bill.
The committee’s decision brings House Bill 668 one step closer to becoming law. An affirmative vote on the Senate floor would give the bill a spot on Idaho Gov. Brad Little’s desk, who can choose to sign it into law or allow it to pass without his signature.
Opponents say bill is discriminatory, could lead to more lawsuits
Early on during the hearing, Senators Melissa Wintrow, D- Boise and James Ruchti, D- Pocatello, questioned bill sponsors about whether they had considered the constitutionality and the costs of defending the policy in a lawsuit. Democrats and Republicans opposed moving the bill forward.
Howard Belodoff, a Boise attorney who testified in opposition to the bill, said he believes House Bill 668 violates the Constitution’s 14th Amendment’s guarantee of equal protection because it targets transgender and nonbinary Idahoans.
Belodoff represents plaintiffs in the ongoing lawsuit M. H. v. Jeppesen against the Idaho state, which challenges the constitutionality of forbidding gender-affirming care to Medicaid patients.
According to Belodoff, Idaho could face yet another lawsuit that could cost the state “millions of dollars.”
“I’m not speculating,” Belodoff said. “I’m just telling you based on my knowledge and experience.”
Sen. Jim Guthrie, R- McCammon, was the only Republican to vote against advancing the bill.
“This is one of those times where I’ve actually been convinced by the testimony, and I’m going to vote against the bill,” Guthrie said. “I’m concerned about the discrimination aspect of the legal cases. And I’m concerned about compromising some health care for our state employees.”
A Caldwell woman claims gender-affirming care saved her life: “I just love this state.”
Trigger alert: This section of the narrative touches on issues involving suicide and mental illness.
Saga Christian, a Caldwell resident and Head Start supervisor, testified that she relies on gender-affirming care through a separate insurance that is independent of her employer.
“I’ve reached a point in my life where I’m financially successful, and I’m considering applying for some state jobs. Mainly what drew me to those was because I am thinking about retirement, but also I am on gender- affirming medication.”
However, she will need to rely on Medicaid or another employer because her insurance will soon expire. She said she is considering moving out of state if she doesn’t have those choices despite her hopes to purchase a home in Idaho.
“I had a meeting with the bank last week, and I just love this state,” Christian said. “I love my job, and I love helping the kids here. Seven years ago, you might’ve just found me as a suicide statistic. I was homeless, jobless, and this care has saved my life and I wake up every morning just incredibly happy”.
