A federal court signaled trouble for Idaho’s new law blocking transgender people from updating the gender marker on their birth certificates.
After U.S. Magistrate Judge Candy Dale ruled in 2018 that it is unlawful for the state to prevent trans people from correcting their birth certificates, she issued an order on Monday stating that her previous ruling still stands. Dale, who sits on the U.S. District Court for the District of Idaho, claimed that the “plain language and objective” of her decision “permanently” prevents Idaho from “infringing on the constitutional rights of transgender individuals,” despite the newly passed legislation.
“To conclude otherwise invites ‘experimentation with disobedience of the law,’” she wrote.
Dale did not state whether she believes that House Bill 509, which was signed by Republican Gov. Brad Little in March on the day before Transgender Day of Visibility, is constitutional. However, she claimed that the legislation would pose “serious and formidable questions” were it to be enforced. The law is scheduled to take effect on July 1.
HB 509 was one of two anti-trans bills approved by Little earlier this year. The second, HB 500, prevents transgender female student athletes from playing on school sports teams that align with their gender identity. Prior to their passage, LGBTQ+ advocacy groups like the Human Rights Campaign described the legislation as “extremely egregious and invasive,” “blatantly discriminatory,” and “a manufactured solution looking for a problem that does not exist in Idaho.”
Lambda Legal, which threatened a lawsuit to overturn the birth certificate bill, celebrated the order in a statement. Counsel Peter Renn said the federal court “confirmed that its injunction continues to apply, in full force and effect.”
“Like obeying speed limits and paying your taxes, Idaho state officials are not exempt from the duty to follow a court order,” he said. “Here, the court’s 2018 order plainly instructed state officials not to block transgender people from accessing accurate identity documents. The court has now confirmed that what was discriminatory in 2018 remains discriminatory today.”
Kara Inglehart, a staff attorney for Lambda Legal, added that it is “remarkable” and “inexcusable” that Idaho pushed the legislation through in the midst of the COVID-19 pandemic, which has now claimed 100,000 lives in the United States.
“We will continue to protect against efforts to roll back the rights of transgender people born in Idaho,” she said in a statement. “Accurate identity documents are not only necessary to navigate everyday life, they are also critical to protecting transgender people from harassment and even violence, which is why 47 states have rejected the archaic policy that some seek to restore.”
Little has not issued a statement regarding Dale’s ruling, and it’s unclear whether Idaho will seek an appeal. The state’s Attorney General did not attempt to challenge Dale’s previous order when it came down in 2018.
Just two U.S. states, Ohio and Tennessee, currently block trans people from correcting their birth records. Both states are subject to pending lawsuits.
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