Idaho AG Is Fired Up to Appeal Federal Judge's Overturning of State's Ban on Child Mutilation

(AP Photo/Carolyn Kaster, File)

Idaho AG Raul Labrador found himself being touted as a hero to young victims of transgender activism as 2023 came to an end. Residents of Idaho are finding out just how lucky they are to have Labrador as their attorney general.

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Idaho banned some life-altering treatments for transgender minors and the ban was to take effect January 1, 2024. A federal judge issued a preliminary injunction six days before it was to go into effect. U.S. District Judge B. Lynn Winmill, a 71-year-old appointed by President Bill Clinton.is preventing enforcement of the new law.

House Bill 71 was passed by the Idaho Legislature and Governor Brad Little signed it. When the law goes into effect, it will be a felony to provide puberty blockers, hormone therapies, and transition-related surgeries to minors. Judge Winmill comes down on the side of the plaintiffs.

Winmill ruled that the plaintiffs — two Idaho transgender minors and their parents, who are using pseudonyms — likely will prevail in their lawsuit under the 14th Amendment’s equal protection and due process clauses.

“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,” Winmill wrote. “That was true for newly freed slaves following the Civil War. It was true in the 20th century for women, people of color, interracial couples and individuals seeking access to contraception. And it is no less true for transgender children and their parents in the 21st century.”

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The two families sued many people, including AG Labrador, Ada County Prosecutor Jan Bennetts, and members of the Idaho Code Commission. Judge Winmill dismissed the members of the Code Commission from the case. They publish state laws. Labrador wasted no time as he announced he will appeal the injunction. He did not mince words.

“The federal judiciary once endorsed the eugenics movement and forced sterilization of intellectually disabled people,” Labrador said. “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.”

Look at that – Labrador brought eugenics into the fray. Good for him. Planned Parenthood was founded using eugenics against black pregnant women. Forced sterilization also happens on transgender patients. Whether it is mutilating bodies of men to appear to be women or hormone therapies that stop puberty and the natural development of reproductive organs, fertility is affected.

Naturally, the ACLU is weighing in. It filed the lawsuit on behalf of the two families.

Leo Morales, executive director of the ACLU of Idaho, in a news release Wednesday said the ruling was a significant victory for Idaho transgender youth and their parents. The ACLU of Idaho, along with the American Civil Liberties Union and several other organizations, filed the lawsuit on behalf of the two Idaho families.

“This judicial decision is a much-needed ray of hope for trans people amid a yearslong onslaught against their rights to access health care and ability to navigate the world around them,” Morales said.

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The judge claimed in his ruling that he sought guidance from major medical organizations that support life-changing care for minors. Why didn’t he seek guidance from those with an opposing view?

“After carefully considering the voluminous evidence on this point, the court finds that the treatment for gender dysphoria — when provided in accordance with the guidelines published by (the World Professional Association for Transgender Health) and the Endocrine Society, and which may include medical interventions such as puberty blockers, hormone therapy and surgeries — is safe, effective and medically necessary for some adolescents,” Winmill wrote.

Plaintiff Pam Poe, 15, “struggled with depression, anxiety and self-harm” Winmill wrote, and was diagnosed with gender dysphoria at a residential treatment facility. Her mental health has “greatly improved” since beginning treatment that would be banned under the new law, Winmill’s ruling says. The family would consider moving from Idaho if that happens.

Plaintiff Jane Doe, 16, “sometimes wished she did not even exist,” according to the complaint that started the lawsuit. She also was diagnosed with gender dysphoria and received gender-affirming care that “significantly improved” her mental health, according to the ruling. Her family also has considered moving from Idaho if the bill takes effect.

“When the bill passed,” Winmill wrote, “Jane wept in the hallway at school, and her parents had to take her home.”

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AG Labrador has his work cut out for him. Fortunately for Idahoans, he isn’t afraid to tackle this and he is bringing the fire. This abuse of minors is irreversible and forever changes their bodies. It’s wrong and if someone wants to do this, they should wait until they finish maturing and are of legal age to make the decision.

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