A federal court blocked the law from taking effect, in response to an ACLU-backed lawsuit, but 19 other states introduced similar legislation. 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. “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.
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That would violate federal prohibitions on gender-based discrimination, he said.
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Cruz, a law professor at the University of Southern California.Īndrew 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. 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. 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. 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. It now heads to the Idaho Senate, where Republicans hold a 28-to-7 majority over Democrats.įour experts who reviewed the legislation told NBC News that the Idaho proposal could be vulnerable to legal challenges. The bill cleared the Idaho House by a vote of 55-13 on Tuesday. Skaug did not respond to requests for comment. “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?” 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.
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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. Those found guilty could face up to life imprisonment. 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. 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.