Idaho Gov. Brad Little has signed into law two anti-transgender bills on the eve of the Transgender Day of Visibility (TDoV).
Because the Idaho House and Senate adjourned a day apart and the law required action within ten days little gave himself until March 31, to enact or veto the bills.
By waiting until the TDoV Gov. Little drove home his hate of transgender people, in our time of greatest need, and on the day we traditionally celebrate our hard-won visibility.
One law bans transgender girls and women from participating in sports that align with their gender identity. The other law makes it illegal for transgender people to change gender markers on their Idaho birth certificates.
Under House Bill 509, introduced by Rep. Julianne Young, R-Blackfoot, a birth certificate can be amended only within one year of its filing. After one year, it can be changed only via a court challenge “on the basis of fraud, duress, or material mistake of fact.”
Gov. Little enacted the Birth Certificate bill in contravention to U.S. District Court Magistrate Judge Candy W. Dale who ruled in March 2018 that Idaho officials can no longer “automatically and categorically” reject transgender individuals applications to change the sex listed on their birth certificates.
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.
The Idaho Statesman reports that Little signed the bills Monday afternoon. He didn’t issue signing statements on either bill.
Gov, Little appeared smug when asked about his chances at the supreme court regarding his appeal of the case in which Adree Edmo, a transgender inmate who won the right to state-financed gender confirmation surgery.
Idaho Republicans have already spent over $300,000 in a failed appeal to stop Edmo from receiving Gender Confirmation Surgery. They also failed to pass a law criminalizing trans confirming medical care.
To my trans fam on the TDoV, forget this bigot and the entire GOP. Be out, proud, and visible today. You deserve that much, you earned it.