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National Review
National Review
15 Apr 2024
Zach Kessel


NextImg:Supreme Court Upholds Idaho’s Ban on Puberty-Blocking Drugs, Sex-Change Surgeries for Minors

The United States Supreme Court on Monday allowed Idaho to enforce its statewide ban on puberty-blocking drugs, hormone therapy, and sex-change surgeries for minors. The Court, in a 6–3 decision, ruled that the 2023 law may go into effect, though the state cannot apply it to the two plaintiffs who challenged the legislation.

The Court granted Idaho’s emergency request after U.S. District Court Judge B. Lynn Winmill ruled that the state’s government could not enforce the law during ongoing litigation and argued that the measure likely violates what she saw as parents’ rights to decide the medical treatment their children receive. The Idaho state government has appealed the December ruling to the U.S. Circuit Court of Appeals, but that body has yet to rule on the matter.

The Idaho attorney general, Raul Labrador (R), who previously represented the state’s first congressional district and later served as chairman of the Idaho Republican Party, argued that Winmill’s preliminary injunction should have focused only on the two plaintiffs and that the district court judged overreached in blocking the law in its entirety before it could take effect.

The three Democrat-appointed justices, Ketanji Brown Jackson, Elena Kagan, and Sonia Sotomayor, wrote that the Court should uphold Winmill’s decision, while the other six held that the injunction filed against Idaho was too broad and only applied to the two plaintiffs challenging the law. The two minors, referred to as Pam Poe and Jane Doe in legal filings, have both been receiving estrogen treatments, and one has been prescribed puberty-blocking medication.

Idaho is one of 24 states that have passed some kind of legislation against sex-change surgeries for minors. Twenty-three of those states have also prohibited puberty-blocking drugs and hormone treatment for children. While this ruling does not address the legality of statewide legislation banning sex-change surgeries and similar procedures for minors, the Court is set to decide whether to hear cases regarding similar statewide laws in Kentucky and Tennessee over the coming weeks. The Department of Justice has spoken up about those two states’ bans, with Solicitor General Elizabeth Prelogar writing in a filing that “these laws, and the conflicting court decisions about their validity, are creating profound uncertainty for transgender adolescents and their families around the nation.”