Candy Wagahoff Dale a federal magistrate judge for the United States District Court for the District of Idaho clarified a court order by ruling that a new Idaho law barring transgender people from changing their birth certificate to match their gender violates an injunction she first issued in 2018.
In her order Friday, Dale wrote that the procedure put in place for the law by the state Department of Health and Welfare “effectively denies transgender individuals a meaningful process for changing the sex listed on their birth certificate to reflect their gender identity. This violates the injunction’s directive prohibiting IDHW from categorically rejecting applications from transgender people to change the sex listed on their birth certificates and its mandate that IDHW allow such applications.” Dale’s latest decision was celebrated by Lambda Legal, the group that filed the original suit.
Idaho Governor Bradley Jay Little was quick to petition the United States Supreme court in a failed bid to deny gender confirmation surgery for Idaho inmate Adree Edmo. Little was cocksure that the conservative weighted court would rule in his favor. However, Little was sorely disappointed when SCOTUS ruled allowing Edmo to become the second prisoner to receive this life-saving surgery.
Related: Title VII of the Civil Rights Act of 1964, bars employment discrimination based on race, religion, national origin, and sex. The Supreme Court Ruled that the last prohibition — discrimination “because of sex” — applies to many millions of gay and transgender workers.
The Birth Certificate bill was only one of two unconstitutional bills that Brad Little has signed into law on the eve of the 2019 Transgender Day of Visibility (TDoV).
The other law singles out transgender female collegiate athletes.
The transgender female athletes’ bill is likely unconstitutional, according to an Idaho Attorney General’s Office analysis.
House Bill 500, sponsored by Rep. Barbara Ehardt, R-Idaho Falls, has legal flaws that include possible violations of the Fourteenth Amendment’s equal protection clause, privacy violations in determining how a student’s sex would be established, and commerce clause violations because it could conflict with NCAA and other national sports organization rules, according to the AG’s office.
“Courts have found that governmental actions distinguishing between transgender and nontransgender individuals is a type of sex-based discrimination,” wrote Brian Kane, assistant chief deputy attorney.
Related: The 11th Circuit Court of Appeals ruled Friday that denying transgender students use of the bathroom congruent with their gender identity was unconstitutional and in violation of their civil rights.
The Boise Weekly reports that a preliminary injunction in a lawsuit against the State of Idaho’s transphobic Fairness in Women’s Sports Act could come as early as August, ACLU-Idaho told reporters the afternoon of July 22.
“We don’t have a decision yet. We didn’t expect a decision yet,” said ACLU-Idaho Legal Director Ritchie Eppink. “The judge has indicated that he would try to issue a ruling about whether the law could be enforced by Aug. 10, which is when the sports season begins.”