MISSOULA, MT. – In a noteworthy ruling on Tuesday, a federal judge in Idaho, Judge B. Lynn Winmill, deemed that a prohibition on gender-affirming care for transgender youth in the state violates the equal protection and due process rights of parents and their transgender children. The court concluded that gender-affirming care is both safe and medically necessary for transgender youth, and that parents have the right to seek widely accepted medical care for their children. As a result, a preliminary injunction has been ordered to block state attorneys from enforcing the law, thereby allowing the continuation of care in the state.
This decision is particularly significant in the wake of recent circuit court cases in more conservative court circuits that have upheld similar bans. Specifically, the ruling responds to the arguments presented in the 6th and 11th Circuit Appeals Courts, which contended that gender-affirming care is not “traditionally protected.” The judge’s memorandum and order, totaling 51 pages, challenges this notion and presents a compelling argument for the fundamental right of parents to make decisions about their children’s medical treatment in consultation with healthcare providers.
Furthermore, the ruling challenged the narrow interpretation of the Glucksburg test, which has been used to determine whether a particular right is constitutionally protected under the 14th Amendment, emphasizing that parents’ fundamental right to seek accepted medical care for their children is deeply entrenched in the nation’s history and traditions.
The judge also issued a scathing rebuke of the 6th and 11th Circuit’s interpretations of the Glucksburg test, asserting that their narrow interpretation would effectively render the 14th Amendment meaningless. Additionally, the ruling addressed the legal status of transgender people and their treatment under equal protection, highlighting that the law in question discriminates on the basis of transgender status and sex.
Ultimately, the judge ruled that gender affirming care bans for trans youth violate the 14th amendment’s equal protection and due process protections, emphasizing the Fourteenth Amendment’s role in protecting disfavored minorities and preserving fundamental rights from legislative overreach. This ruling stands as a crucial affirmation of the rights of transgender children and their parents in the 21st Century.