Prohibiting Gender-Affirming Medical Care for Youth in Idaho: HB 71 Factsheet

Updated: May 14, 2024

In 2023, the state legislature passed a law banning all gender-affirming medical care (GAMC) for minors in Idaho. The law went into effect in April 2024, which means Idaho health care providers are no longer legally able to provide gender-affirming medical care to anyone under the age of 18 in our state.

Fact Sheet: House Bill 71 - Ban on Gender Affirming Care

Background

The ACLU of Idaho, ACLU, Wrest Collective, and our partners filed a lawsuit asking the court to strike down Idaho’s ban on GAMC for youth under 18 as unconstitutional. Our complaint paused the ban – until the U.S. Supreme Court effectively re-instated the ban on April 15, 2024.

Although Idaho’s ban on GAMC for folks under 18 is currently in effect, the US Supreme court did not say if Idaho’s law is unconstitutional. Instead, the Court made its decision based on a technical legal issue. In practice, that means while healthcare professionals cannot currently provide certain kinds of GAMC for folks under 18 in Idaho, we do not yet have a definitive answer about whether barring GAMC for youth is lawful.

This factsheet is intended as a resource. It is not legal advice. We hope to clarify Idaho’s ban on GAMC for youth under 18 and its impact on trans kids and their families.

What does Idaho’s Ban on GAMC for Youth Mean?

Idaho’s ban on GAMC for youth says that, as of April 15, 2024, Idaho healthcare providers cannot give certain kinds of GAMC to people under 18 years old. Specifically, healthcare providers cannot:

Prescribe medication to delay puberty (known as gonadotropin-releasing hormone/GnRH) or hormone therapy to initiate puberty consistent with a youth’s gender identity (e.g. testosterone for trans boys, estrogen and testosterone blockers for trans girls);
Perform surgeries meant to affirm gender (e.g., top surgery for trans boys).

Healthcare providers in Idaho that violate the GAMC ban for youth can face criminal charges. The ban applies to treatment provided to trans youth under 18 years old. The ban does not make exceptions for youth already receiving GAMC. Idaho’s GAMC ban does not apply to youth under 18 years old that receive puberty blockers or hormone therapy to treat conditions other than gender dysphoria.

What Does the Ban Actually Do?

Idaho’s GAMC ban for youth under 18 carries very harsh penalties for healthcare providers. As of April 15, 2024, medical professionals who provide teens with GAMC can be charged with a felony. It is important to keep in mind:

Medication is banned, expression is not. Trans and gender-expansive Idahoans under the age of 18 can continue to practice non-medical ways to affirm their gender. You have the right to express your gender at school or work in ways that

Medication is banned, medical treatment is not. Youth with gender dysphoria and their families can continue to seek and obtain affirming mental health treatment. The ban does not impact therapists who provide gender-affirming counseling.

Medication is banned, discussions are not. Healthcare providers in Idaho can continue to discuss treatment and treatment options for patients under the age of 18, including medication and mental health care. Healthcare providers of all kinds can still refer patients seeking GAMC to clinics that can legally provide care.

Teens are impacted, adults are not. The new law does not apply to people 18 and older. Folks under 18 experiencing a pause in medication can resume GAMC treatment as soon as their 18th birthday. The new law would not impact healthcare providers’ ability to continue providing gender-affirming medical care to adults.