Judge Says Idaho’s Transphobic Birth Certificate Law Cannot Pass
U.S. Magistrate Judge Candy Dale has warned the state of Idaho that the state’s law preventing trans people from changing the gender assigned to them at birth to match their gender identity is a constitutional violation. The federal judge had issued an injunction two years ago which still remains in effect.
“[T]he plain language and objective of the Order and Judgment entered in this case permanently enjoin [the Idaho Department of Health and Welfare] from infringing on the constitutional rights of transgender individuals by automatically rejecting applications to change the sex listed on their birth certificates to match their gender identity,” Dale wrote.
HB 509 prohibits any gender-marker changes to birth certificates for any reason other than clerical error, and only for up to a period after the certificate has been issued.
“The Injunction is not constrained to any particular policy, rule, or statute as Defendants argue. The plain terms and clear objective of the Injunction permanently prohibit IDHW from implementing or enforcing any policy, rule, or the like that automatically rejects applications from transgender people to change the sex listed on their birth certificates,” Dale wrote.
“HB 509 does not absolve IDHW from accepting, considering, and processing applications from individuals, transgender or otherwise, seeking to change the sex listed on their birth certificate to match their gender identity,” Dale added. “To conclude otherwise invites ‘experimentation with disobedience of the law.’”
As ‘Metro Weekly’ reports, a spokesman for the attorney general’s office said in a statement that the office is currently reviewing the ruling, but declined to say whether it would appeal.
“The court has confirmed that its injunction continues to apply, in full force and effect, and it has now expressly cautioned that HB 509 does not whatsoever absolve state officials from their obligation to comply with the federal injunction,” Lambda Legal Counsel Peter Renn said in a statement. “Like obeying speed limits and paying your taxes, Idaho state officials are not exempt from the duty to follow a court order.”
“It is remarkable that we were even back in court on this issue, as a direct result of efforts by the Idaho legislature and Governor Little to turn back the clock on equality,” Lambda Legal Staff Attorney Kara Inglehart said in a statement. “To force this law through, even as the country grapples with the COVID-19 pandemic, is even more inexcusable.
“We will continue to protect against efforts to roll back the rights of transgender people born in Idaho,” she added. “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.”
Read related myGwork articles here:
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U.S. Navy Has Granted A Waiver Allowing A Trans Sailor To Serve Openly
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