BOISE, Idaho — The Idaho House faced a bill on Tuesday that could send healthcare providers to prison for providing gender affirming care to those with gender dysphoria -- and Idaho lawmakers voted 58-12 to pass it.
H71, sponsored by Rep. Bruce Skaug, R-Nampa, and Sen. Lori Denhartog, R-Meridian, amends Idaho code regarding genital mutilation of a child to bar those who provide some forms of gender-affirming care to those under age 18. It would make providing the care for a minor a felony, the bill says, with a 10-year prison sentence.
This type of care includes puberty blockers, hormones and sex reassignment surgery for those with gender dysphoria -- which is the feeling when one's sex assigned at birth and physical characteristics don't align with their gender identity, the Mayo Clinic states. The bill contains some exceptions for necessary medical procedures.
Rep. Matthew Bundy, R-Mountain Home, was the only Republican to vote 'no' on Tuesday. He said via email the reason for his vote was to "ensure that these kids and their families have access to the counseling services they need and deserve."
"I thought the provisions of this bill were not strong enough to guarantee that type of access," Bundy said.
Skaug said that children with gender dysphoria are likely confused and that "sterilization" does not fix gender dysphoria, rather, talk therapy does -- and a lot of kids "come out of it" with that therapy. He also said sex-reassignment surgeries allow teens to castrate themselves and cut off healthy organs. Skaug also stated in closing that no evidence is shown that puberty blockers help kids.
A study conducted by Harvard Public Health showed "gender-affirming surgeries were associated with a 42% reduction in psychological distress and a 44% reduction in suicidal ideation when compared with transgender and gender-diverse people who had not had gender-affirming surgery but wanted it."
According to the American Association of Pediatrics, transgender kids who socially transitioned early on continued to identify that way, and at the end of a five-year study, 94% youth identified as binary transgender.
The American Medical Association has continually voiced their concerns over similar legislation barring transgender care -- the AMA says in a press release from 2021, "Transgender children, like all children, have the best chance to thrive when they are supported and can obtain the health care they need."
It's also unclear if sex-assignment surgeries for minors in Idaho have even occurred. Rep. Chris Mathias, D-Boise, said in his two years of digging into the issue he has not met a healthcare provider that provides those types of surgeries.
"(Trans youth) self harm and they take their own lives at disturbingly high rates. This bill is going to throw gasoline on that problem," Mathias said.
Idaho legislators have long been fighting for more parental rights over their children, like with "school choice" legislation and vaccine requirements. However, a parent's refusal to seek medical care for their child based on a religious exemption is still legal.
This was pointed out by two Democratic legislators during Tuesday's House debate. Rep. Ilana Rubel, D-Boise, said, "even when the risks are life and death we still let parents make that decision." Rubel said sure, some minors may risk changing their minds at a later date regarding hormones or puberty blockers -- but there are risks with everything, she said, including massive surgeries and life-saving operations.
Rep. Lori McCann, R-Lewiston, was one of the only Republicans to voice concern over the bill. She said she was "in agreement with some parts but in disagreement with others" because she disagrees with giving sex-reassignment surgeries to minors, but agrees with providing transgender children puberty blockers and hormones, both banned in the bill. She stated she has a transgender relative.
McCann said the legislature fights so desperately for parental rights, "But now since we don't like this topic we are going to say, 'no parents I'm sorry' and as the legislature we know better."
"I rise because I know I am standing kind of alone as a Republican, but I am saying to my fellow Republicans… We have fought for parents rights... My heart is with these people, these lovely individuals I've met. They touched me deeply," McCann said.
But, in an unexpected twist, McCann voted for the legislation for the basis of the sex-reassignment surgery portion of the bill.
Rep. Julliane Young, R-Blackfoot, spoke in favor of the bill, in which she stated that compassion for trans youth "can't erase the truth" and that the ability to become another sex is a false narrative.
"There is no one else who is better suited to make a decision for their child than the parent, but there are circumstances where the parents do not have that authority." Young said, using abuse of a child as an example.
Planned Parenthood released a statement shortly after the passage of the bill.
"Planned Parenthood stands unequivocally and passionately with the transgender community in Idaho and always will. Gender affirming care is time sensitive and life-saving. Patients, families, and health care providers — no one else — should decide what care is in the best interest of transgender youth, in accordance with current medical best practices. Receiving this care means these children have the greatest chance to thrive.
Attacks on our freedoms in this state have been relentless. It's no surprise that the same folks attacking our access to abortion are also pushing anti-transgender policies aimed to strip away the rights of their neighbors and fellow community members."
The bill will now be heard in the Senate's committee, and if it passes, it will reach the Senate floor.
If you or someone you know is thinking of self-harm or suicide, call or text the Idaho Crisis Hotline at 988.
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