BOISE, Idaho (AP) — Idaho Gov. Brad Little on Monday signed into law two anti-transgender bills, making Idaho the first among states that introduced some 40 such bills this year to enact them.
The Republican governor approved legislation that prohibits transgender people from changing the sex listed on their birth certificates, and another that bans transgender girls and women from competing in women’s sports.
The birth certificate measure ignores a 2018 federal court ruling that a past law barring transgender people from making the birth certificate changes violated the Equal Protection Clause of the U.S. Constitution. The judge scrapped the ban and warned against new rules. The Idaho attorney general’s office, which didn’t appeal the ruling, said it could cost $1 million if the state had to defend the ban again and lost.
“There’s an injunction that already absolutely forbids this policy, and the government can’t enforce this law without violating a court order,” said Peter Renn of Lambda Legal, the law firm that represented two transgender women whose lawsuit led to the court ruling. “The ramifications of contempt (of court) are quite furious.”
He said the court could impose fines and hold top officials at the Idaho Department of Health and Welfare responsible should the court order be violated.
Backers of the legislation said the federal court was wrong, and the law is needed so Idaho has accurate birth records. It takes effect July 1.
The sports ban applies to all sports teams sponsored by public schools, colleges and universities. A girls’ or women’s team will not be open to transgender students who identify as female.
Backers said the law was needed because transgender female athletes have physical advantages.
Opponents said it discriminated against transgender girls and women, and would subject athletes to invasive tests to prove their gender, likely causing some potential athletes to avoid sports.
Republican Rep. Barbara Ehardt, who sponsored the sports ban, has consistently argued that allowing the practice would negate Title IX, the 1972 law barring sex discrimination in education and is credited with opening up athletic competition for girls and women.
She didn’t return a call from The Associated Press on Monday.
Both the anti-transgender bills had overwhelming support among Republicans in the House and Senate in numbers great enough to override a veto. Rather than wait out a potential veto, though, both chambers adjourned earlier this month because of coronavirus concerns and would have been powerless to override vetoes.
“We condemn Governor Little’s actions and the actions of dozens of Idaho legislators who are so focused on pleasing their bigoted base instead of doing what is right,” said Mistie Tolman, Idaho director for Planned Parenthood Votes Northwest and Hawaii, adding the laws make Idaho one of the “cruelest states in the country.”
Across the U.S., more than 40 bills were introduced this year targeting transgender youth. About half, like one of the Idaho bills, sought to ban transgender girls from competing at various levels of girls’ sports. Another large batch of bills sought to ban certain types of gender-transition medical treatment for minors.
None of these bills have been enacted, and most have died. In some other states — including Ohio, Alabama, Tennessee, Kansas, Louisiana, South Carolina, Missouri and Arizona — bills of one or both categories remain technically alive, but most are considered unlikely to win final passage. In some cases, the legislatures are in recess and future scheduling is in limbo because of the coronavirus outbreak.
Meanwhile, the families of three female high school runners have filed a lawsuit in federal court seeking to block transgender athletes in Connecticut from participating in girls’ sports.
On March 24, the U.S. Justice Department came out in support of the lawsuit, arguing that the state’s inclusive policy violates the federal Title IX law allowing girls equal educational and athletic opportunities.
Associated Press writer David Crary in New York contributed to this report.
Our 2024 Coverage Needs You
It's Another Trump-Biden Showdown — And We Need Your Help
The Future Of Democracy Is At Stake
Our 2024 Coverage Needs You
Your Loyalty Means The World To Us
As Americans head to the polls in 2024, the very future of our country is at stake. At HuffPost, we believe that a free press is critical to creating well-informed voters. That's why our journalism is free for everyone, even though other newsrooms retreat behind expensive paywalls.
Our journalists will continue to cover the twists and turns during this historic presidential election. With your help, we'll bring you hard-hitting investigations, well-researched analysis and timely takes you can't find elsewhere. Reporting in this current political climate is a responsibility we do not take lightly, and we thank you for your support.
Contribute as little as $2 to keep our news free for all.
Can't afford to donate? Support HuffPost by creating a free account and log in while you read.
The 2024 election is heating up, and women's rights, health care, voting rights, and the very future of democracy are all at stake. Donald Trump will face Joe Biden in the most consequential vote of our time. And HuffPost will be there, covering every twist and turn. America's future hangs in the balance. Would you consider contributing to support our journalism and keep it free for all during this critical season?
HuffPost believes news should be accessible to everyone, regardless of their ability to pay for it. We rely on readers like you to help fund our work. Any contribution you can make — even as little as $2 — goes directly toward supporting the impactful journalism that we will continue to produce this year. Thank you for being part of our story.
Can't afford to donate? Support HuffPost by creating a free account and log in while you read.
It's official: Donald Trump will face Joe Biden this fall in the presidential election. As we face the most consequential presidential election of our time, HuffPost is committed to bringing you up-to-date, accurate news about the 2024 race. While other outlets have retreated behind paywalls, you can trust our news will stay free.
But we can't do it without your help. Reader funding is one of the key ways we support our newsroom. Would you consider making a donation to help fund our news during this critical time? Your contributions are vital to supporting a free press.
Contribute as little as $2 to keep our journalism free and accessible to all.
Can't afford to donate? Support HuffPost by creating a free account and log in while you read.
As Americans head to the polls in 2024, the very future of our country is at stake. At HuffPost, we believe that a free press is critical to creating well-informed voters. That's why our journalism is free for everyone, even though other newsrooms retreat behind expensive paywalls.
Our journalists will continue to cover the twists and turns during this historic presidential election. With your help, we'll bring you hard-hitting investigations, well-researched analysis and timely takes you can't find elsewhere. Reporting in this current political climate is a responsibility we do not take lightly, and we thank you for your support.
Contribute as little as $2 to keep our news free for all.
Can't afford to donate? Support HuffPost by creating a free account and log in while you read.
Dear HuffPost Reader
Thank you for your past contribution to HuffPost. We are sincerely grateful for readers like you who help us ensure that we can keep our journalism free for everyone.
The stakes are high this year, and our 2024 coverage could use continued support. Would you consider becoming a regular HuffPost contributor?
Dear HuffPost Reader
Thank you for your past contribution to HuffPost. We are sincerely grateful for readers like you who help us ensure that we can keep our journalism free for everyone.
The stakes are high this year, and our 2024 coverage could use continued support. If circumstances have changed since you last contributed, we hope you'll consider contributing to HuffPost once more.
Support HuffPostAlready contributed? Log in to hide these messages.